Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 39

Powers of Court of Appeal

39. Powers of Court of Appeal



(1) On an appeal under this Part, the Court of Appeal may-

   (a)  confirm the relevant decision; or

   (b)  revoke the extended supervision order or the renewed extended
        supervision order; or

   (c)  if the relevant decision was to revoke an extended supervision order,
        make an order reviving the extended supervision order; or

   (d)  quash the relevant decision and remit the matter to the court which
        made that decision, with or without any directions.

(2) If the Court of Appeal makes an order under subsection (1)(c), the period
between the making of that order and the revocation of the extended
supervision order must be taken to have been a period of suspension arising by
force of section 19.

(3) If the Court of Appeal remits a matter to a court under subsection (1)(d),
that court may make or renew an extended supervision order in respect of the
offender even if-

   (a)  the offender is not then an eligible offender because he or she is no
        longer serving a custodial sentence as required by section 4(1)(b); or

   (b)  the extended supervision order has expired-

as the case requires.

(4) Directions under subsection (1)(d) may include directions as to whether or
not the court to which the matter is remitted should be constituted by the
judge who made the relevant decision.