85Procedure on application for quashing of conviction

#### 85 Procedure on application for quashing of conviction 85 Procedure on application for quashing of conviction > > (1) In any proceedings on an application under section 84— > > > > > (a) the Crown has the right of appearance, and > > > > > (b) the Court is to consider— > > > > > > > (i) the report on the matter that is prepared by the judicial officer under section 82, and > > > > > > > (ii) any report on the matter that is prepared by the Supreme Court under section 82, and > > > > > > > (iii) any submissions on any such report that are made by the Crown or by the convicted person to whom the proceedings relate, and > > > > > (c) no other evidence is to be admitted or considered except with the leave of the Court. > > > (2) The rules governing the admissibility of evidence do not apply to any such proceedings. > > > (3) For the purpose of enabling the convicted person to make submissions with respect to a report referred to in subsection (1), the convicted person is entitled to receive a copy of the report. > > > (4) The provisions of Parts 3 and 4 of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) relating to proceedings on an appeal under section 5 (1) of that Act apply to proceedings on an application under section 84, as if— > > > > > (a) any reference to an appeal were a reference to proceedings on such an application, and > > > > > (b) any reference to an appellant were a reference to the convicted person. > > **s 85:** Ins 2006 No 70, Sch 2.1 \[1\] (transferred from the Crimes Act 1900 No 40, sec 474K). Am 2006 No 70, Sch 2.1 \[1\] \[2\].