CRIMES (SENTENCING) ACT 2005 - SECT 134 Operation of ancillary and restitution orders

CRIMES (SENTENCING) ACT 2005 - SECT 134

    (1)     In this section:

"finalised"—proceedings in relation to an appeal are "finalised" if—

        (a)     the appeal is dismissed, withdrawn or struck out or ends without a retrial being ordered and the period for making any further appeal against that decision ends; or

        (b)     if a retrial is ordered—the proceedings on the retrial are finalised within the meaning of paragraph (a).

"relevant order" means—

        (a)     an ancillary order under—

              (i)     section 18 (Non-conviction orders—ancillary orders); or

              (ii)     section 58 (Ancillary orders relating to offences taken into account in sentencing); or

        (b)     a reparation order.

    (2)     A relevant order takes effect on the day after—

        (a)     the end of the period for appealing against the conviction or finding of guilt to which the relevant order relates; or

        (b)     if an appeal in relation to the conviction or finding of guilt is made within the period for making the appeal—the day proceedings in relation to the appeal are finalised.

    (3)     However, an appeal court may, on application or its own initiative, if satisfied it is in the interests of justice, order that a relevant order take effect on a stated day earlier than the day fixed under subsection (2).

    (4)     A court may, on application or its own initiative, by order, give such directions as it considers appropriate for—

        (a)     the custody of property to which a relevant order relates; or

        (b)     the giving of security, with or without sureties, for payment of an amount under a relevant order.

    (5)     If a conviction or finding of guilt is set aside—

        (a)     any relevant order to which the conviction or finding of guilt relates is set aside; and

        (b)     an appeal court may make any order it considers appropriate in the interests of justice consequent on any order given under subsection (4).

    (6)     An application under this section may be made by the director of public prosecutions or a person whose interests are affected by a relevant order.

    (7)     This section is subject to section 61 (Reopening proceedings to correct penalty errors).