Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 28A

Appeal against supervision order

28A. Appeal against supervision order



(1) A person in respect of whom a supervision order is made may appeal to the
Court of Appeal against the supervision order.

(2) The Director of Public Prosecutions, the Attorney-General or the Secretary
to the Department of Human Services may appeal to the Court of Appeal against
a supervision order if he or she considers that-

   (a)  a different supervision order should have been made; and

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

(3) On an appeal under this section, the Court of Appeal may-

   (a)  confirm the supervision order; or

   (b)  quash the supervision order and make another supervision order in
        substitution for it; or

   (c)  quash the supervision order and remit the matter, with or without
        directions, to the court that made it; or

   (d)  quash the supervision order and order the defendant to be released
        unconditionally.



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

(5) The Court of Appeal may make any one or more of the following orders
pending the making of a supervision order under this section-

   (a)  an order granting the defendant bail;

   (b)  subject to subsection (6), an order remanding the defendant in custody
        in an appropriate place;

   (c)  subject to subsection (7), an order remanding the defendant in custody
        in a prison;

   (d)  if it is of the opinion that it is in the interests of justice to do
        so, an order-

   (i)  that the defendant undergo an examination by a registered medical
        practitioner or registered psychologist; and

   (ii) that the results of the examination be put before the court that is to
        make the supervision order;

   (e)  any other order the court thinks appropriate.

(6) The Court of Appeal must not make an order remanding a person in custody
in an appropriate place unless the Court of Appeal has received a certificate
under section 47 stating that the facilities or services necessary for that
order are available.

(7) The Court of Appeal must not make an order remanding a person in custody
in a prison unless satisfied that there is no practicable alternative in the
circumstances.