MAGISTRATES COURT ACT 1930 - SECT 208 Appeals to which div 3.10.2 applies

MAGISTRATES COURT ACT 1930 - SECT 208

    (1)     Each of the following appeals is an appeal to which this division applies:

        (a)     an appeal by any of the following from a decision of the Magistrates Court under the Crimes Act

, section 315A (2) or (3) (Investigation into fitness to plead) or section 315D (7) (Person found temporarily unfit to plead):

              (i)     the person whose fitness to plead was decided;

              (ii)     anyone who appeared at the proceeding in which the decision was made;

              (iii)     anyone else with the leave of the court;

        (b)     an appeal, by the person convicted, from a conviction for an offence dealt with by the Magistrates Court, or the Childrens Court, under—

              (i)     part 3.6 (Proceedings for offences punishable summarily); or

              (ii)     part 3.7 (Service and pleading by post for certain offences); or

              (iii)     the Crimes Act

—

    (A)     section 374 (Summary disposal of certain cases at prosecutor's election); or

    (B)     section 375 (Summary disposal of certain cases—Magistrates Court); or

    (C)     section 375AA (Summary disposal of certain cases—Childrens Court);

        (c)     an appeal, by the person against whom the order is made, from an order made under section 113 or section 114, in a proceeding dealt with under—

              (i)     part 3.6; or

              (ii)     the Crimes Act

, section 374, section 375 or section 375AA;

        (d)     an appeal from a sentence or penalty by a person convicted of an offence dealt with under any of the following (whether or not the person appeals against the conviction in relation to which the sentence or penalty was imposed):

              (i)     section 90A, part 3.6 or part 3.7;

              (ii)     the Crimes Act

, section 374, section 375 or section 375AA;

        (e)     an appeal from an order of the court under any of the following provisions of the Crimes (Sentencing) Act 2005

:

              (i)     part 3.2 (Sentences of imprisonment);

              (ii)     part 3.3 (Non-custodial sentences);

              (iii)     part 3.4 (Non-association and place restriction orders);

              (iv)     part 3.5 (Deferred sentence orders);

              (v)     part 3.6 (Combination sentences);

        (f)     an appeal from an order of the court under the Crimes (Sentence Administration) Act 2005

, part 6.6 (Good behaviour orders—amendment and discharge);

        (g)     an appeal from an order of the court to disqualify a person from holding or obtaining a driver licence under an automatic disqualification provision under the Road Transport (General) Act 1999

, division 4.2 (Licence suspension, disqualification and related matters), if the order is for a longer period than the minimum.

Note     Automatic disqualification provision —see the Road Transport (General) Act 1999

, s 61A.

    (2)     Subsection (1) does not affect any power that the Supreme Court has, apart from this Act, to grant bail or to vary the conditions of bail.