Victorian Current Acts Victorian Current Acts(1) A person in respect of whom a supervision order is made may appeal to the Court of Appeal against the supervision order.
S. 28A(2) amended by Nos 29/2010 s. 20(1), 43/2012 s. 3(Sch. item 10), 15/2015 s. 37(4)(a).
(2) The Director of Public Prosecutions, the Attorney‑General or the Secretary to the Department of Health and Human Services may appeal to the Court of Appeal against a supervision order if he or she considers that—
(a) a different supervision order should have been made; and
(b) an appeal should be brought in the public interest.
S. 28A(2A) inserted by No. 68/2009 s. 97(Sch. item 39.25).
(2A) An appeal under this section is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which the order is made or any extension of that period granted under section 76C.
S. 28A(2B) inserted by No. 68/2009 s. 97(Sch. item 39.25).
(2B) If the appeal is commenced by a person in respect of whom a supervision order is made, the Registrar of Criminal Appeals of the Supreme Court must provide to the respondent a copy of the notice of appeal within 7 days after the day on which the notice of appeal is filed.
S. 28A(2C) inserted by No. 68/2009 s. 97(Sch. item 39.25), amended by Nos 29/2010 s. 20(2), 15/2015 s. 37(4)(b).
(2C) If the appeal is commenced by the Secretary to the Department of Health and Human Services, the Director of Public Prosecutions or the Attorney-General—
(a) the notice of appeal must be signed by that person personally; and
(b) a copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed; and
(c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the proceeding when the supervision order was made, if that legal practitioner can reasonably be identified.
(3) On an appeal under this section, the Court of Appeal may—
(a) confirm the supervision order; or
S. 28A(3)(b) amended by No. 68/2009 s. 97(Sch. item 39.26(a)).
(b) set aside the supervision order and make another supervision order in substitution for it; or
S. 28A(3)(c) amended by No. 68/2009 s. 97(Sch. item 39.26(a)).
(c) set aside the supervision order and remit the matter, with or without directions, to the court that made it; or
S. 28A(3)(d) amended by No. 68/2009 s. 97(Sch. item 39.26).
(d) set aside the supervision order and order the person who was subject to the supervision order to be released unconditionally.
(4) If the Court of Appeal remits a matter to a court under subsection (3)(c), that court must make another supervision order in accordance with this Act and any directions given by the Court of Appeal.
S. 28A(5) amended by No. 68/2009 s. 97(Sch. item 39.27(a)).
(5) The Court of Appeal may make any one or more of the following orders pending the making of a supervision order in respect of a person under this section—
S. 28A(5)(a) amended by No. 68/2009 s. 97(Sch. item 39.27(b)).
(a) an order granting the person bail;
S. 28A(5)(b) amended by No. 68/2009 s. 97(Sch. item 39.27(b)).
(b) subject to subsection (6), an order remanding the person in custody in an appropriate place;
S. 28A(5)(c) amended by No. 68/2009 s. 97(Sch. item 39.27(b)).
(c) subject to subsection (7), an order remanding the person in custody in a prison;
(d) if it is of the opinion that it is in the interests of justice to do so, an order—
S. 28A(5)(d)(i) amended by No. 68/2009 s. 97(Sch. item 39.27(b)).
(i) that the person undergo an examination by a registered medical practitioner or registered psychologist; and
(ii) that the results of the examination be put before the court that is to make the supervision order;
(e) any other order the court thinks appropriate.
(6) The Court of Appeal must not make an order remanding a person in custody in an appropriate place unless the Court of Appeal has received a certificate under section 47 stating that the facilities or services necessary for that order are available.
(7) The Court of Appeal must not make an order remanding a person in custody in a prison unless satisfied that there is no practicable alternative in the circumstances.