South Australian Consolidated Acts South Australian Consolidated Acts (1) An appeal lies to
the Full Court against—
(a) a
decision of the Supreme Court on an application to discharge an order for
detention under this Division;
(b) a
decision of the Supreme Court on an application to release a person on licence
under this Division;
(c) a
decision of the Supreme Court on an application by the Director of Public
Prosecutions under section 24(11).
(2) An appeal under
this section may be instituted by the Director of Public Prosecutions or by
the person to whom the particular decision relates.
(3) Subject to a
contrary order of the Full Court, an appeal cannot be commenced after
10 days from the date of the decision against which the appeal lies.
(4) On an appeal, the
Full Court may—
(a)
confirm, reverse or annul the decision subject to appeal;
(b) make
any order that it considers should have been made in the first instance;
(c) make
any consequential or ancillary orders.
(5) Subject to
subsection (6), where—
(a) the
Supreme Court decides—
(i)
to discharge an order for detention under this Division;
or
(ii)
to release a person on licence under this Division; or
(iii)
to refuse an application by the Director of Public
Prosecutions under section 24(11); and
(b)
counsel appearing on behalf of the Director of Public Prosecutions gives
immediate notice that an appeal against the decision will be instituted,
the decision has no force or effect pending the outcome of the appeal.
(6) If the Director of
Public Prosecutions gives notice under subsection (5) of an appeal
against a decision of the Supreme Court but then a person acting on behalf of
the Director subsequently files with the Supreme Court a notice that the
Director does not desire to proceed with the appeal, the decision will take
effect.