New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 71A

71A Powers of Court in relation to warrants in respect of convictions or orders of Local Court

(1) In this section,
"warrant" means a warrant of commitment issued in relation to a conviction or order of the Local Court.

(2) This section has effect despite section 71.

(3) In proceedings for a writ of habeas corpus or for the setting aside of a conviction or order of the Local Court, the Supreme Court is not to make an order for the discharge from custody of a person in custody under a warrant on the ground of any defect or error in the warrant unless the requirements of subsection (4) have been complied with.

(4) The requirements are that the Magistrate, prosecutor or party interested in supporting the warrant--

(a) has had notice of intention to apply for the order, and

(b) has been required to transmit, or has had the opportunity to transmit, to the Supreme Court the following documents, or certified copies of them--

(i) the conviction or order, and

(ii) the information (if any) and transcript of evidence intended to be relied on in support of the conviction or order.

(5) Subject to the rules, the notice of intention to apply for the order may be given at any stage of proceedings in the Supreme Court.

(6) The Supreme Court may dispense with the notice if copies of the conviction or order and of the transcript of evidence are produced to the Court.

(7) The Supreme Court is to allow the warrant and the conviction or order if necessary to be amended if--

(a) the conviction or order and transcript of evidence have been transmitted to the Supreme Court in accordance with this section, and

(b) the offence or matter charged or intended to have been charged appears to have been established, and

(c) the judgment of the Local Court appears to have been warranted in substance.

(8) After any such amendment--

(a) the person committed is to be remanded to the person's former custody or the conviction or order may be enforced in the proper manner, and

(b) the conviction or order is to be treated as if it had originally stood so amended.

(9) This section does not apply to an order of the Supreme Court under Part 5 of the Crimes (Appeal and Review) Act 2001 .