4Applications to Local Court

#### 4 Applications to Local Court 4 Applications to Local Court > > (1) An application for annulment of a conviction or sentence made or imposed by the Local Court may be made to the Local Court sitting at the place at which the original Local Court proceedings were held. > > > (1A) An application may be made by the defendant or by the prosecutor. However, an application by the defendant may be made only if— > > > > > (a) in the case of an application for an annulment of a conviction—the defendant was not in appearance before the Local Court when the conviction was made, or > > > > > (b) in the case of an application for an annulment of a sentence—the defendant was not in appearance before the Local Court when the sentence was imposed. > > > (1B) A defendant may not make an application for annulment of a conviction or sentence under this section if the defendant had lodged a notice in writing under section 182 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) in respect of the offence for which the defendant was convicted or the sentence was imposed. > > > (2) An application under this section must be made— > > > > > (a) within 2 years after the relevant conviction or sentence is made or imposed, or > > > > > (b) if an application has been made to the Attorney General under section 5 within that 2-year period, within 2 years after the application under section 5 has been disposed of under this Part. > > > (3) Except by leave of the Local Court, a person may not make more than one application under this section in relation to the same matter. > > > (4) An application must be in writing, and must be lodged with a registrar of the Local Court. > > > (5) (Repealed) > > **s 4:** Am 2007 No 94, Schs 1.26 \[2\] \[3\], 2; 2013 No 80, Sch 2 \[1\]; 2020 No 26, Sch 1.6\[1\].