Disqualified drivers to lose their licence until appeal is finalised
Mon Oct 26 2009In March 2009 In Brief reported that the New South Wales Government had legislated to prevent, among other things, disqualified drivers who appeal against their sentences from getting their licence back until their case was finalised.
Schedule 1 [15] of the Crimes (Appeal and Review) Amendment Act 2009 _will commence on 1 November 2009. Currently, section 63 of the _Crimes (Appeal and Review) Act 2001 provides that, on the lodgement of an appeal, certain sentences and penalties are automatically stayed until the appeal is finally determined. Schedule 1 [15] amends section 63 to provide that the automatic stay does not apply in respect of the suspension or disqualfication of a driver's licence if the licence was, immediately before the suspension or disqualification, suspended under Division 4 of Part 5.4 of the Road Transport (General) Act 2005� for the offence to which the appeal relates.
The Schedule also provides that the appeal court may order that any such suspension or disqualification be stayed if the court considers it appropriate in the circumstances.�
26 October 2009