CRIMINAL APPEAL ACT 1912 - SECT 5AA
Appeal in criminal cases dealt with by courts in their summary jurisdictions
CRIMINAL APPEAL ACT 1912 - SECT 5AA
Appeal in criminal cases dealt with by courts in their summary jurisdictions
5AA Appeal in criminal cases dealt with by courts in their summary
jurisdictions
(1) A person--
(a) convicted of an offence, or
(b) against whom an order to
pay any costs is made, or whose application for an order for costs is
dismissed, or
(c) in whose favour an order for costs is made,
by the Supreme
Court in its summary jurisdiction may appeal under this Act to the Court of
Criminal Appeal against the conviction (including any sentence imposed) or
order.
(1A) An appeal against an order referred to in subsection (1) (c) may
only be made with the leave of the Court of Criminal Appeal.
(2) For the
purposes of this Act, a person for whom a
special verdict of act proven but not criminally responsible is entered is, if
the defence of mental health impairment or cognitive impairment was not set up
as a defence by the person, taken to be a person convicted and an order to
keep the person in custody is taken to be a sentence.
(4) The Court of
Criminal Appeal in proceedings before it on an appeal under this section may--
(a) confirm the determination made by the Supreme Court in its summary
jurisdiction, or
(b) order that the determination made by the Supreme Court
in its summary jurisdiction be vacated and--
(i) make any determination that
the Supreme Court in its summary jurisdiction could have made on the evidence
heard on appeal, or
(ii) order a new trial in such manner as the Court of
Criminal Appeal thinks fit.
(5) Section 7 (4) applies to an appellant on an
appeal under subsection (1) in the same way as it applies to an appellant on
an appeal under section 5 (1).
(6) Provisions shall be made by rules of court
for detaining an appellant on an appeal under subsection (1) who has been
sentenced to imprisonment until the appeal has been determined, or for
ordering the appellant into any former custody.
(7) This section applies to
and in respect of the District Court in its summary jurisdiction in the same
way as it applies to and in respect of the Supreme Court in its summary
jurisdiction.
