Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 57B

Appeals regarding extended leave

57B. Appeals regarding extended leave



(1) A person may appeal to the Court of Appeal against a refusal to grant the
person extended leave.

(2) The Secretary to the Department of Human Services may appeal to the Court
of Appeal against a grant of extended leave if he or she considers that-

   (a)  extended leave should not have been granted; 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 a grant of extended leave if he or she-

   (a)  was a party to the proceeding in which extended leave was granted; and

   (b)  considers that extended leave should not have been granted; and

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

(4) On an appeal against a refusal to grant extended leave, the Court of
Appeal may-

   (a)  confirm the refusal to grant extended leave; or

   (b)  grant extended leave in accordance with section 57; or

   (c)  remit the matter, with or without directions, to the court that
        refused to grant extended leave.

(5) On an appeal against a grant of extended leave, the Court of Appeal may-

   (a)  confirm the grant of extended leave; or

   (b)  quash the grant and order that extended leave be refused; or

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

(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.