Section 72 — Sentencing Act 2002: Jurisdiction and procedure

72 Jurisdiction and procedure (1) Every application under section 54 , 54K , 68 , or 69I must be made— (a) to the High Court, if the sentence was passed— (ia) by the Supreme Court on appeal against a sentence imposed by the High Court, or imposed by the Court of Appeal on appeal from the High Court; or (i) by the Court of Appeal on appeal from the High Court; or (ii) by the High Court otherwise than on appeal from a District Court; or (b) to a District Court presided over by a trial Judge, if the sentence was passed— (ia) by the Supreme Court on appeal against a sentence imposed by a District Court presided over by a trial Judge, or imposed by the Court of Appeal on appeal from a District Court presided over by a trial Judge; or (i) by the Court of Appeal on appeal from a District Court presided over by a trial Judge; or (ii) by a District Court Judge on conviction on indictment; or (c) to a District Court presided over by any Judge, in any other case. (2) A copy of the application must, either before or as soon as practicable after the application is lodged in the office of the court, be served— (a) on the offender, if the offender is not the applicant; or (b) on the chief executive of the Department of Corrections, if a probation officer is not the applicant. (3) If an application under section 54 , 54K , 68 , or 69I has been lodged in a court by a probation officer, a probation officer or a member of the police may, for the purpose of having the offender brought before the court dealing with the application, apply to a court for the issue of a warrant to arrest the offender. (4) No warrant issued under subsection (3) may be executed otherwise than by a member of the police. (5) If an offender is arrested under a warrant issued under subsection (3) , sections 45 to 47 of the Summary Proceedings Act 1957 , so far as they are applicable and with any necessary modifications, apply as if the application were an information. Compare: 1985 No 120 s 65 Section 72(1): amended, on 1 October 2007, by section 36(1) of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (1)(a)(ia) and (1)(b)(ia) were inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions. Section 72(3): amended, on 1 October 2007, by section 36(2) of the Sentencing Amendment Act 2007 (2007 No 27).