Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 58A

    (1)     A person may appeal to the Court of Appeal against a revocation of that person's extended leave.

S. 58A(2) amended by Nos 29/2010 s. 32(1), 15/2015 s. 37(24).

    (2)     The Secretary to the Department of Health and Human Services may appeal to the Court of Appeal against a refusal to revoke extended leave granted to a forensic resident or a forensic patient if the Secretary considers that—

        (a)     the extended leave should have been revoked; and

        (b)     an appeal should be brought in the public interest.

S. 58A(2A) inserted by No. 29/2010 s. 32(2), repealed by No 15/2015 s. 37(25).

    *     *     *     *     *

    (3)     The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal against a refusal to revoke extended leave if he or she—

        (a)     was a party to the proceeding for revocation of extended leave; and

        (b)     considers that the extended leave should have been revoked; and

        (c)     considers that an appeal should be brought in the public interest.

S. 58A(3A) inserted by No. 68/2009 s. 97(Sch. item 39.40).

    (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 extended leave is revoked or revocation of the extended leave is refused (as the case requires) or any extension of that period granted under section 76C.

S. 58A(3B) inserted by No. 68/2009 s. 97(Sch. item 39.40).

    (3B)     If the appeal is commenced under subsection (1), 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. 58A(3C) inserted by No. 68/2009 s. 97(Sch. item 39.40), amended by Nos 29/2010 s. 32(3), 15/2015 s. 37(26).

    (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 application for revocation of extended leave, if that legal practitioner can reasonably be identified.

    (4)     On an appeal against a revocation of extended leave, the Court of Appeal may—

        (a)     confirm the revocation of extended leave; or

S. 58A(4)(b) amended by No. 68/2009 s. 97(Sch. item 39.41).

        (b)     set aside the revocation and restore the extended leave; or

        (c)     remit the matter, with or without directions, to the court that revoked the leave.

    (5)     On an appeal against a refusal to revoke extended leave, the Court of Appeal may—

        (a)     confirm the refusal to revoke extended leave; or

        (b)     revoke the extended leave in accordance with section 58(4)(a); or

        (c)     revoke the extended leave and remit the matter, with or without directions, to the court that made the grant.

    (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.

Division 2—Forensic Leave Panel