CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 85
Presumption against stay of order
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 85
Presumption against stay of order
85 Presumption against stay of order
(1) The lodging of a notice of appeal under section 84 does not have the
effect of staying the operation of the order concerned.
(2) The
original court may, on application by the defendant, stay the operation of the
order, if satisfied that it is safe to do so, having regard to the need to
ensure the safety and protection of the protected person or any other person.
(3) A stay on the operation of the order continues until the appeal is finally
determined, subject to any order or direction of the District Court.
(5) A stay on the operation of the
order does not have effect if the appellant is in custody when the appeal is
made, unless and until the appellant is entitled to be released on bail under
section 14 of the Bail Act 2013or bail is dispensed with under that Act. In
the application of the Bail Act 2013to the appellant, the appellant is taken
to be an accused person who, because of the prohibitions and restrictions
imposed by the order, is in custody.
(6) In this section--
"original court" , in relation to an order, means--
(a) the Local Court, if
the order was made by the Local Court or a Registrar of the Local Court, or