Victorian Consolidated Legislation

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

Appeal against revocation of non-custodial supervision orders

34A. Appeal against revocation of non-custodial supervision orders



(1) The Secretary to the Department of Human Services may appeal to the Court
of Appeal against the revocation of a non-custodial supervision order if he or
she considers that-

   (a)  the supervision order should not have been revoked; and

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

(2) The Director of Public Prosecutions or the Attorney-General may appeal to
the Court of Appeal against the revocation of a non-custodial supervision
order if he or she-

   (a)  was a party to the proceeding in which the order for revocation was
        made; and

   (b)  considers that the supervision order should not have been revoked; and

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

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

   (a)  confirm the order revoking the supervision order; or

   (b)  quash the order revoking the supervision order and, by order-

   (i)  confirm the supervision order; or

   (ii) vary the conditions of the supervision order; or

   (iii) vary the supervision order to a custodial supervision order; or

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

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