Roos v The Director of Public Prosecutions

The applicant, Roos, sought bail and a stay of sentence pending an application for special leave to appeal to the High Court of Australia. The first respondent was the Director of Public Prosecutions, and the second respondent was the District Court of New South Wales, which indicated it would abide by any order of the Court. The application concerned the practical effect of a "control order" made under the *Children (Criminal Proceedings) Act* (NSW).

The High Court was required to determine the nature and effect of a control order, specifically whether it constituted a full-time custodial sentence. The Court also needed to consider the running of such a sentence, particularly in light of bail being granted pending an appeal.

The applicant's counsel explained that a control order under section 33(1)(g) of the *Children (Criminal Proceedings) Act* effectively resulted in a full-time custodial sentence of 12 months, requiring the individual to be detained in a juvenile detention centre under the control of the Director-General. While there were limited discretionary aspects, such as allowing attendance at school, the practical effect was confinement. The Court noted that the original sentence of six months control order was made in May 1993, but bail was granted in the Supreme Court on 31 May, staying the sentence. This stay continued until the District Court determined the appeal, at which point the sentence recommenced.