2Definitions

#### 2 Definitions 2 Definitions > > (1) In this Act, unless the context or subject-matter otherwise requires or indicates— > > > > Conviction includes the following— > > > > > (a) a finding following an inquiry within the meaning of the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) by a court that a person is unfit to be tried for an offence, > > > > > (b) a finding of a court following a special hearing referred to in section 59(1)(c) or (d) of that Act. > > > > Court means the Court of Criminal Appeal established by this Act. > > > > Court of trial means any court from whose finding, sentence, order, or other determination, a person is by this Act entitled to appeal or to apply for leave to appeal. > > > > Indictment includes any information presented or filed as provided by law for the prosecution of offenders. > > > > Prescribed means prescribed by rules of court made under the authority of this Act. > > > > Registrar means the registrar of the court. > > > > Sentence means— > > > > > (a) any order made by the court of trial on convicting a person of an offence, including— > > > > > > > (i) any sentence of imprisonment (including any sentence of imprisonment the subject of an intensive correction order and any sentence of imprisonment whose execution is suspended), and > > > > > > > (ii) any community correction order, conditional release order or community service order, and > > > > > > > (iii) any good behaviour bond, and > > > > > > > (iv) any fine, > > > > > > imposed under Part 2 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), or > > > > > (b) any order made by the court of trial in respect of a person under section 10 or 11 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) on finding the person guilty of an offence, or > > > > > (c) any order made by the court of trial in respect of a person under section 12 or 17A of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) on convicting the person of an offence, or > > > > > (ca) any order made by the court of trial, after a person’s conviction for an offence, revoking a good behaviour bond and any order made by the court of trial as a consequence of the revocation of the good behaviour bond, or > > > > > (d) any order made by the court of trial imposing a limiting term of imprisonment on a person following a special hearing under the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) and any other order or penalty made or imposed by the court of trial in respect of a person following a special hearing under that Act, or > > > > > (e) any order made by the court of trial in respect of a person following a special verdict of act proven but not criminally responsible, or > > > > > (f) any direction for compensation made by the court of trial in respect of a person under section 94 (Directions for compensation for injury) or 97 (Directions for compensation for loss) of the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037), or > > > > > (g) any order for restitution made by the court of trial in respect of a person under section 43 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), or > > > > > (h) any order for the payment of costs made by the court of trial in respect of a person under Division 3 or 4 of Part 5 of Chapter 4 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), or > > > > > (i) any child protection registration order made under section 3D of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042), or > > > > > (j) (Repealed) > > > > and the power of the Court of Criminal Appeal to pass any such sentence includes power to make any such order or direction. > > > > Note. > > > > Part 29 of Schedule 2 to the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) provides that certain home detention orders, community service orders and good behaviour bonds are taken to be intensive correction orders, community correction orders or conditional release orders. > > > > Special verdict of act proven but not criminally responsible has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012). > > > > The appellant includes a person who has been convicted and desires to appeal under this Act. > > > (2) For the purposes of this Act, a sentence is imposed or passed on a person on conviction or on a finding of guilt even if it is imposed or passed after the conviction or finding of guilt or as a result of re-sentencing. > > > (3) For the purposes of this Act, a sentence imposed under Part 2 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) includes a provisional sentence and a final sentence within the meaning of Division 2A of Part 4 of that Act. > > > (4) (Repealed) > > **s 2:** Am 1979 No 97, Sch 1 (1); 1979 No 205, Sch 2, Part 1; 1982 No 69, Sch 2; 1986 No 94, Sch 1 (1); 1989 No 102, Sch 1 (1); 1990 No 11, Sch 2; 1990 No 108, Sch 1; 1991 No 17, Sch 1; 1991 No 94, Sch 2; 1999 No 94, Sch 4.12 \[1\] \[2\]; 2000 No 43, Sch 4; 2001 No 100, Sch 1.2; 2001 No 121, Sch 2.76 \[1\] \[2\]; 2003 No 27, Sch 7 \[1\] \[2\]; 2004 No 55, Sch 1.9 \[1\]–\[3\]; 2004 No 85, Sch 2.2; 2005 No 67, Sch 2.2; 2006 No 107, Sch 1.10 \[1\]; 2008 No 79, Sch 3.7 \[1\]; 2010 No 48, Sch 5.8; 2012 No 67, Sch 4.2; 2013 No 7, Sch 2; 2013 No 37, Sch 3.7; 2013 No 85, Sch 2.1 \[1\]; 2016 No 48, Sch 2.12 \[1\]; 2017 No 53, Sch 4.13 \[1\]–\[3\]; 2018 No 68, Sch 1.6; 2020 No 12, Sch 3.12\[1\]–\[3\].