Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 19A

Appeal against unconditional release

19A. Appeal against unconditional release



(1) The Director of Public Prosecutions may appeal to the Court of Appeal
against an order for unconditional release under section 18(4)(b) if he or she
considers that-

   (a)  the order should not have been made; and

   (b)  an appeal should be brought in the public interest.

(2) On an appeal under subsection (1), the Court of Appeal may-

   (a)  confirm the order; or

   (b)  quash the order and by order declare that the defendant is liable to
        supervision under Part 5.

(3) If the Court of Appeal declares a defendant liable to supervision, the
Court of Appeal may-

   (a)  remit the matter, with or without directions, to the court that made
        the order for unconditional release; or

   (b)  make a supervision order in respect of the defendant.

(4) If the Court of Appeal remits a matter to a court under subsection (3)(a),
that court must make a supervision order in respect of the defendant in
accordance with this Act and any directions given by the Court of Appeal.

(5) The Court of Appeal may make any order that the judge could have made
under section 19 pending the making of a supervision order in respect of the
defendant.

_______________