SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 53 Right of appeal
SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 53
Right of appeal(1) The Commissioner may appeal to the Supreme Court against a determination on an application for an authorisation order.
(2) The Commissioner or an objector may appeal to the Supreme Court against a determination made under section 52 (4).
(3) An appeal lies as of right on a question of law or fact.
(4) An appeal must be started within the time, and in accordance with the procedure, prescribed under the Supreme Court Act .
(5) An appeal under subsection (2) does not affect the operation of the public safety order to which the determination the subject of the appeal relates.
(6) Fresh evidence or evidence in addition to or in substitution for the evidence before the Court of Summary Jurisdiction, or the magistrate if the appeal relates to a determination of a magistrate under section 50 , may be given on an appeal.
(7) On an appeal, the Supreme Court may:
(a) confirm the determination, with or without variation; or
(b) set aside the determination and, if it considers necessary, substitute its own determination.