SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 33 Right of appeal
SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 33
Right of appeal(1) The Commissioner may appeal to the Court of Appeal against a determination of the Supreme Court under section 25 (2)(b)(i).
(2) The Commissioner or a controlled person may appeal to the Court of Appeal against a determination of the Supreme Court under section 26 (4) or 2010_Acts057.html#_Ref231806795">32 (4).
(3) An appeal lies as of right on a question of law or fact.
(4) An appeal must be started within 28 days after the date the determination is made, unless the Court of Appeal gives leave for it to be started after that period.
(5) An appeal must be made in accordance with the procedure prescribed under the Supreme Court Act .
(6) An appeal under subsection (2) does not affect the operation of the control order to which the determination relates, unless the Court of Appeal orders the operation of the order is stayed until proceedings in relation to the appeal end.
(7) Fresh evidence or evidence in addition to or in substitution for the evidence before the Supreme Court may be given on an appeal.
(8) On an appeal, the Court of Appeal may:
(a) confirm the determination, with or without variation; or
(b) set aside the determination and, if it considers necessary, substitute its own determination.