Victorian Current Acts Victorian Current Acts(1) A person who is subject to a supervision order may appeal to the Court of Appeal against an order confirming or varying the supervision order.
S. 34(2) amended by Nos 29/2010 s. 24(1), 15/2015 s. 37(7)(a).
(2) The Secretary to the Department of Health and Human Services may appeal to the Court of Appeal against an order confirming or varying a supervision order if he or she considers that—
(a) the supervision order should not have been confirmed or varied; and
(b) an appeal should be brought in the public interest.
(3) The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal against an order confirming or varying a supervision order if he or she—
(a) was a party to the proceeding in which the order confirming or varying the supervision order was made; and
(b) considers that the supervision order should not have been confirmed or varied; and
(c) considers that an appeal should be brought in the public interest.
S. 34(3A) inserted by No. 68/2009 s. 97(Sch. item 39.28).
(3A) 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 confirming or varying the supervision order is made or any extension of that period granted under section 76C.
S. 34(3B) inserted by No. 68/2009 s. 97(Sch. item 39.28).
(3B) If the appeal is commenced by a person who is subject to a supervision order, 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. 34(3C) inserted by No. 68/2009 s. 97(Sch. item 39.28), amended by Nos 29/2010 s. 24(2), 15/2015 s. 37(7)(b).
(3C) 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.
(4) On an appeal against a confirmation of a supervision order, the Court of Appeal may—
(a) confirm the supervision order; or
S. 34(4)(b) amended by No. 68/2009 s. 97(Sch. item 39.29).
(b) set aside the supervision order and make any order that the court could have made under section 29, 32, 33 or 35 (as the case requires); or
S. 34(4)(c) amended by No. 68/2009 s. 97(Sch. item 39.29).
(c) set aside the supervision order
and remit the matter, with or without directions, to the court that made it.
(5) On an appeal against a variation of a supervision order, the Court of Appeal may—
(a) confirm the order for variation; or
S. 34(5)(b) amended by No. 68/2009 s. 97(Sch. item 39.29).
(b) set aside the order for variation and make any order that the court could have made under section 29, 32, 33 or 35 (as the case requires); or
S. 34(5)(c) amended by No. 68/2009 s. 97(Sch. item 39.29).
(c) set aside the order for variation and remit the matter, with or without directions, to the court that made it.
(6) If the Court of Appeal remits a matter to a court under subsection (4)(c) or (5)(c), that court must hear and determine the matter in accordance with this Act and any directions given by the Court of Appeal.
S. 34(7) amended by No. 68/2009 s. 97(Sch. item 39.30).
(7) If the Court of Appeal sets aside a supervision order in respect of a person under this section, the Court of Appeal may make any order that it could make under section 28A(5) pending the making of another supervision order in respect of the person.
S. 34A inserted by No. 7/2002 s. 13.