CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 23 Appeals as of right

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 23

23 Appeals as of right

(1) The Director of Public Prosecutions may appeal to the District Court against a sentence imposed on a person by the Local Court in any of the following proceedings--

(a) proceedings for any indictable offence that has been dealt with summarily,

(b) proceedings for any prescribed summary offence (within the meaning of the Director of Public Prosecutions Act 1986 ),

(c) proceedings for any summary offence that has been prosecuted by or on behalf of the Director of Public Prosecutions.

(2) The prosecutor may appeal to the District Court against--

(a) any order for costs made by a Magistrate against the prosecutor in respect of committal proceedings taken by the prosecutor, or

(b) any order for costs made by the Local Court against the prosecutor in respect of summary proceedings taken by the prosecutor.

(3) An appeal against a sentence or an order for costs must be made within 28 days after the relevant sentence is imposed or the order for costs is made.

(4) Despite subsection (3), an appeal may be lodged more than 28 days after the relevant sentence is imposed if--

(a) the sentence has been reduced on the defendant's undertaking to assist law enforcement authorities (as referred to in section 23 of the Crimes (Sentencing Procedure) Act 1999 ), and

(b) the defendant has failed, whether wholly or partly, to fulfil the undertaking.