NSWIn ForceAct
Bail Act 2013
5Proceedings for an offence
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#### 5 Proceedings for an offence
5 Proceedings for an offence
> > (1) In this Act, proceedings for an offence means criminal proceedings against a person for an offence (whether summary or indictable), and includes the following—
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> > > (a) committal proceedings,
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> > > (b) proceedings relating to bail,
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> > > (c) proceedings relating to sentence,
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> > > (d) proceedings on an appeal against conviction or sentence,
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> > > (e) any other proceedings of a kind prescribed by the regulations.
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> > (2) Proceedings on an appeal against conviction or sentence include—
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> > > (a) proceedings on an application for annulment of a conviction or sentence made under section 4 or 5 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), and
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> > > (b) proceedings on an appeal against an order imposed by the Land and Environment Court on conviction for an offence.
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> > (3) Proceedings for an offence are substantive unless the proceedings are—
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> > > (a) proceedings relating to bail, or
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> > > (b) proceedings on an appeal against any interlocutory judgment or order given in proceedings, or
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> > > (c) proceedings declared to be non-substantive by the regulations.