NSWIn ForceAct
Supreme Court Act 1970
69CStay of execution of conviction, order or sentence pending review
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#### 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.
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> > (2) The execution of the following is stayed when proceedings seeking judicial review are commenced—
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> > > (a) a sentence imposed as a consequence of a conviction,
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> > > (b) any order other than an apprehended violence order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).
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> > (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](/view/html/inforce/current/act-2013-026), or bail is dispensed with.
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> > (4) The stay of execution continues until the proceedings for judicial review are finally determined, subject to any order or direction of the Court.
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> > (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](/view/html/inforce/current/act-2013-018).
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> > (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](/view/html/inforce/current/act-1999-093).
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> **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.