69CStay of execution of conviction, order or sentence pending review

69C Stay of execution of conviction, order or sentence pending review

69C Stay of execution of conviction, order or sentence pending review

(1) This section and section 69D apply to proceedings in the Court for judicial review of a determination made by the District Court in appeal proceedings relating to a conviction or order made by the Local Court (or part of such a conviction or order) or sentence imposed by the Local Court.

(2) The execution of the following is stayed when proceedings seeking judicial review are commenced—

(a) a sentence imposed as a consequence of a conviction,

(b) any order other than an apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007.

(3) Subsection (2) does not apply to a person (the claimant) who is in custody when proceedings seeking judicial review are commenced unless and until the claimant is entitled to be released on bail under the Bail Act 2013, or bail is dispensed with.

(4) The stay of execution continues until the proceedings for judicial review are finally determined, subject to any order or direction of the Court.

(5) Despite subsection (2), any period during which the stay is in force is not to be taken into account when calculating the length of a period of disqualification from holding a driver licence resulting from a conviction under the road transport legislation within the meaning of the Road Transport Act 2013.

(6) In this section, a reference to a person who is in custody includes a reference to a person who is the subject of an intensive correction order within the meaning of the Crimes (Administration of Sentences) Act 1999.

s 69C: Ins 1998 No 137, Sch 2.24 [1]. Am 1999 No 19, Sch 2.44 [1]; 2000 No 53, Sch 3.26 [1]–[5]; 2000 No 93, Sch 2.53 [3]; 2005 No 11, Sch 3.42; 2007 No 94, Sch 2; 2013 No 19, Sch 3; 2014 No 5, Sch 2.28; 2014 No 14, Sch 5.4 [1] [2]; 2017 No 53, Sch 4.27.