Abstract
After exhausting legal avenues, individuals who believe they have suffered a miscarriage of justice can petition the executive arm of government for a conviction or sentence review. This pathway has been criticised for lacking accountability and transparency. Part 7 division 3 of the Crimes (Appeal and Review) Act 2001 Act (NSW) offers a less-studied remedy to people convicted of a crime in New South Wales. Part 7 allows direct application to the Supreme Court for a conviction or sentence review. A judge, acting in a non-judicial capacity, determines the application and publishes reasons for the decision. The decision is then open to judicial review. This article examines part 7 decisions from 2014 to 2023. It finds that applications prepared without legal assistance often lack clarity. This can affect decision-making and potentially leave the applicant feeling unheard. Involving law students in drafting part 7 applications could improve the overall efficiency of this unique administrative remedy.
Published Version
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