Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 58A

Appeals regarding revocation of extended leave

58A. Appeals regarding revocation of extended leave



(1) A person may appeal to the Court of Appeal against a revocation of that
person's extended leave.

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

   (a)  the extended leave should have been revoked; and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 refusal to revoke extended leave if he or she-

   (a)  was a party to the proceeding for revocation of extended leave; and

   (b)  considers that the extended leave should have been revoked; and

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

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

   (a)  confirm the revocation of extended leave; or

   (b)  quash the revocation and restore the extended leave; or

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

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

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

   (b)  revoke the extended leave in accordance with section 58(4)(a); or

   (c)  revoke the extended leave 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.

Division 2-Forensic Leave Panel