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Practice Note No. 57

REPEALED - Crminal Proceeedings - Applications for Terms of Life Sentence


Date:
02/02/1990


                  PRACTICE NOTE NO 57
    CRIMINAL PROCEEDINGS
    APPLICATIONS FOR TERMS FOR LIFE SENTENCE

    Practice Note No 56 is withdrawn. The Sentencing (Life Sentences) Amendment Act 1989 (Act No. 220 of 1989, to which Assent was given on 21 December 1989) inserts, inter alia, a new section 13A of the Sentencing Act 1989, authorising the Supreme Court to determine a minimum term of imprisonment and an additional term for release on parole, for anyone who is serving an existing life sentence of a kind prescribed in the section. Until Rules of Court are made prescribing the method of making an application for orders pursuant to s.13A, applications should be made as follows:
    1. The person making the application shall file with the Registrar, Court of Criminal Appeal, Supreme Court an application in the form in the schedule hereto..
    2. An application may be filed by lodging it at the office of or by posting it to the Registrar, Court of Criminal Appeal, Supreme Court, Queen's Square, Sydney.
    3. When an application is filed, the Registrar, Court of Criminal Appeal, shall send a copy to the Director of Public Prosecutions, the Serious Offenders' Review Board, the Director of the Legal Aid Commission and the Criminal Registry of the Supreme Court.
    4. The Director of Public Prosecutions shall as soon as possible after receipt of a copy of an application file with the Registrar, Court of Criminal Appeal, and serve on the applicant a notice in writing containing a concise statement of the facts of the case and the facts given on sentence.

    5. The Serious Offenders' Review Board shall as soon as possible after receipt of a copy of an application file with the Registrar, Court of Criminal Appeal, and serve on the applicant and on the Director of Public Prosecutions a pre-sentence report, which shall include details of the sentence being served and other relevant information.

    6. Within 28 days of the receipt of a notice from the Director of Public Prosecutions pursuant to para 4, the applicant shall file with the Registrar, Court of Criminal Appeal, a notice in writing stating whether or not he accepts the facts stated by the Director of Public Prosecutions in his notice and, if not, such notice shall state what facts the applicant does not accept and the facts upon which he relies for the determination of a minimum term and an additional term for the sentence.

    7. The Registrar, Court of Criminal Appeal, shall send a copy of a notice filed pursuant to para 6 to the Director of Public Prosecutions.

    8. When the application is ready to be heard the Director of Public Prosecutions shall notify the Criminal Registry of the Supreme Court who shall arrange with the List Judge for the fixing of a date for the hearing of the application and notify the parties accordingly.
    9. Where possible arrangements will be made for the judge who presided at the trial of the applicant to hear the application.

                            Chief Justice

    2 February 1990



                      SCHEDULE

    To: The Registrar
    Court of Criminal Appeal
    Supreme Court of NSW
    Queen's Square
    SYDNEY
      APPLICATION TO DETERMINE TERMS FOR LIFE SENTENCE

    I (full name of prisoner) hereby apply pursuant to section 13A of the Sentencing Act 1989 for an order determining a minimum
    term and an additional term for the sentence imposed upon me at(name and location of Court) on the day
    of , 19_ following my conviction for murder (or other offence the subject of the life sentence).

    I am held in custody at Prison.

    My legal representative for the purpose of this application is (name of solicitor) of (name and address of firm).

    Dated this day of 19___
    Signed: (Ordinary signature
    of prisoner)


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