Barr (a pseudonym) v Director of Public Prosecutions (NSW)

The Court of Appeal of New South Wales considered an application for judicial review of a detention application made under the *Bail Act 2013* (NSW). The applicant, referred to as Barr, had pleaded guilty to an offence and was seeking to challenge the decision to detain him, alleging contraventions of sections 50(5) and 74 of the *Bail Act*. The Director of Public Prosecutions (NSW) was the respondent.

The central legal issues before the Court of Appeal were whether it possessed jurisdiction to hear the judicial review application, particularly in light of the *Supreme Court Act 1970* (NSW) and its Third Schedule, which generally excludes the Court of Appeal's jurisdiction in criminal proceedings. The Court also had to determine whether the alleged contraventions of the *Bail Act* constituted an error of law on the face of the record or a jurisdictional error, and whether the construction of section 16A of the *Bail Act* was relevant to these issues.

The Court reasoned that the exclusion of jurisdiction in criminal proceedings under the *Supreme Court Act* did not extend to challenges to bail decisions, which were considered to be administrative or supervisory in nature rather than part of the substantive criminal proceedings. Furthermore, the Court considered whether to exercise its discretion to refuse jurisdiction due to a pending release application by the applicant to the Supreme Court. Ultimately, the Court dismissed the summons.