(1)  A party to proceedings in respect of a crime may appeal, to the Court of Criminal Appeal, against one of the following decisions of the court:

(a) a decision of the court to make an order under section 361AA in respect of the crime;

(b) a decision of the court to refuse to make an order under section 361AA in respect of the crime.

(2)  An accused person, in respect of a crime, may only appeal a decision of a court to make an order under section 361AA in respect of the crime if the order was made without the informed consent, within the meaning of that section, of the accused person.

(3)  An appeal under this section is to be by way of a new hearing.