Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 15YX

Court gives a direction or makes an order

  (1)   If:

  (a)   a court gives a section   15YV direction or makes a section   15YV order; and

  (b)   the prosecutor applied for the direction or order;

a defendant in the proceeding may apply to the court for an adjournment of the proceeding to allow time for the defendant to:

  (c)   decide whether to appeal against the direction or order; and

  (d)   if the defendant decides to do so--make the appeal.

  (2)   If:

  (a)   a court gives a section   15YV direction or makes a section   15YV order; and

  (b)   a defendant in the proceeding applied for the direction or order;

the prosecutor may apply to the court for an adjournment of the proceeding to allow time for the prosecutor to:

  (c)   decide whether to:

  (i)   appeal against the direction or order; or

  (ii)   withdraw the proceeding; and

  (d)   if the prosecutor decides to do so--make the appeal or withdrawal.

Court refuses to give a direction or make an order

  (3)   If:

  (a)   a court refuses to give a section   15YV direction or refuses to make a section   15YV order; and

  (b)   the prosecutor applied for the direction or order;

the prosecutor may apply to the court for an adjournment of the proceeding to allow time for the prosecutor to:

  (c)   decide whether to:

  (i)   appeal against the refusal; or

  (ii)   withdraw the proceeding; and

  (d)   if the prosecutor decides to do so--make the appeal or withdrawal.

  (4)   If:

  (a)   a court refuses to give a section   15YV direction or refuses to make a section   15YV order; and

  (b)   a defendant in the proceeding applied for the direction or order;

the defendant may apply to the court for an adjournment of the proceeding to allow time for the defendant to:

  (c)   decide whether to appeal against the refusal; and

  (d)   if the defendant decides to do so--make the appeal.

Grant of adjournment

  (5)   If an application is made under this section, the court must grant the adjournment.

Note:   For appeals, see section   15YZD.