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 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(5) (Repealed)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].