ACTS AMENDMENT (COURT OF APPEAL) ACT 2004 (NO. 45 OF 2004) - SECT 38
ACTS AMENDMENT (COURT OF APPEAL) ACT 2004 (NO. 45 OF 2004) - SECT 38
38 . Appeals pending before Full Court or Court of Criminal Appeal
(1) If on the
commencement of this Act an appeal or an application for leave to appeal is
pending before —
(a) the
Full Court of the Supreme Court; or
(b) the
Court of Criminal Appeal,
the appeal or
application is to be taken to have been commenced or made and to be pending
before the Court of Appeal.
(2) Despite
subsection (1), if on the commencement of this Act an appeal or an
application for leave to appeal is part heard by —
(a) the
Full Court of the Supreme Court; or
(b) the
Court of Criminal Appeal,
then the hearing and
determination of the appeal or application may be completed by the Full Court
or the Court of Criminal Appeal, as the case requires, as if this Act had not
commenced.