NSWIn ForceAct
Crimes (Sentencing Procedure) Act 1999
6ALeave required for withdrawal of application and re-application
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#### 6A Leave required for withdrawal of application and re-application
6A Leave required for withdrawal of application and re-application
> > (1) An application referred to in clause 2 (1) may be withdrawn by the offender who made the application, but only with the leave of the Supreme Court.
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> > (2) If the Supreme Court grants leave to withdraw an application referred to in clause 2 (1)—
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> > > (a) the offender who made the application may not make a further application referred to in clause 2 (1) without the leave of the Court, and
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> > > (b) if the Court so directs, the offender may not make the further application for a specified period of time.
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> > (3) In considering whether to grant leave to withdraw an application, or to make a further application, referred to in clause 2 (1), the Supreme Court must have regard to and give substantial weight to the number of times the offender has previously withdrawn any application referred to in clause 2 (1).
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> > (4) Subclause (3) does not limit the matters to which the Supreme Court may have regard in deciding whether or not to grant leave to withdraw an application, or to make a further application, referred to in clause 2 (1).
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> > (5) No appeal lies against the decision of the Supreme Court on an application for leave under subclause (1).
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> > (6) An application referred to in clause 2 (1) that is withdrawn cannot be restored.
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> > (7) If the Supreme Court declines to grant an application for leave under subclause (2) (a), the offender is to serve the existing life sentence the subject of the application for the term of his or her natural life.