Criminal Appeal (Amendment No 1) Rule 2016 (NSW)

New South Wales

Criminal Appeal (Amendment No 1) Rule

2016

under the

Supreme Court Act 1970

The Supreme Court Rule Committee has made the following rule of court under the Supreme

Court Act 1970.

Rebel Kenna

Secretary of the Rule Committee

Explanatory note
The object of this Rule is to amend the Criminal Appeal Rules:

(a)	to require the leave of the Court of Criminal Appeal for an application to set aside or vary its orders, and
(b)	to enable the Court to determine both whether to grant leave and the application on the papers.

Criminal Appeal (Amendment No 1) Rule 2016 [NSW]

Criminal Appeal (Amendment No 1) Rule 2016

under the

Supreme Court Act 1970

1      Name of Rule

This Rule is the Criminal Appeal (Amendment No 1) Rule 2016.

2      Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

3 Amendment of Criminal Appeal Rules

(1) Rule 50C Power to set aside or vary order

Insert after rule 50C (1):

(1A)	An application to set aside or vary an order may only be made with the leave of the Court.
(1B)	The Court may determine both whether to grant leave and the application on the papers.

(2)	Rule 50C (5)
Insert “(including any power to correct clerical mistakes or errors arising from accidental slips or omissions)” after “order”.