Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 34

Appeal against confirmation or variation of supervision orders

34. Appeal against confirmation or variation of supervision orders



(1) A person who is subject to a supervision order may appeal to the Court of
Appeal against an order confirming or varying the supervision order.

(2) The Secretary to the Department of Human Services may appeal to the Court
of Appeal against an order confirming or varying a supervision order if he or
she considers that-

   (a)  the supervision order should not have been confirmed or varied; and

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

(3) The Director of Public Prosecutions or the Attorney-General may appeal to
the Court of Appeal against an order confirming or varying a supervision order
if he or she-

   (a)  was a party to the proceeding in which the order confirming or varying
        the supervision order was made; and

   (b)  considers that the supervision order should not have been confirmed or
        varied; and

   (c)  considers that an appeal should be brought in the public interest.

(4) On an appeal against a confirmation of a supervision order, the Court of
Appeal may-

   (a)  confirm the supervision order; or

   (b)  quash the supervision order and make any order that the court could
        have made under section 29, 32, 33 or 35 (as the case requires); or

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

(5) On an appeal against a variation of a supervision order, the Court of
Appeal may-

   (a)  confirm the order for variation; or

   (b)  quash the order for variation and make any order that the court could
        have made under section 29, 32, 33 or 35 (as the case requires); or

   (c)  quash the order for variation and remit the matter, with or without
        directions, to the court that made it.

(6) If the Court of Appeal remits a matter to a court under subsection (4)(c)
or (5)(c), that court must hear and determine the matter in accordance with
this Act and any directions given by the Court of Appeal.

(7) If the Court of Appeal quashes a supervision order under this section, the
Court of Appeal may make any order that it could make under section 28A(5)
pending the making of another supervision order in respect of the defendant.