sec.19BReview of particular decisions

### sec.19B Review of particular decisions This section does not apply to the following decisions about release under this part— a decision by the Supreme Court; a decision under section 10 (2) ; a decision by a magistrate acting as a reviewing court under this section. If a decision has been made about release under this part or the Youth Justice Act 1992 , part 5 , for a defendant, the defendant, complainant or prosecutor or a person appearing on behalf of the Crown may apply to the reviewing court for a review of the decision. The reviewing court is— for a decision by a police officer or justice who is not a magistrate—a Magistrates Court constituted by a magistrate; or for any other decision—the Supreme Court constituted by a single judge. A complainant, prosecutor or a person appearing on behalf of the Crown who makes an application under subsection (2) must take reasonable steps to inform the defendant of the time and place for the hearing of the application. The hearing may proceed in the defendant’s absence, if the reviewing court is satisfied the steps were taken. On the review, additional or substitute evidence or information may be given and the reviewing court may make any order it considers appropriate. However, the orders that may be made under subsection (6) are limited by sections 13 , 16 , 16A and 17 (1A) and, if the defendant is a child, the Youth Justice Act 1992 , sections 48 , 48AAA , 48AE and 48A . The person or court that made the decision under review must give the reviewing court any documents in the person’s or court’s possession that may be relevant to the review. The reviewing court must decide an application under this section as soon as is reasonably practicable. s 19B ins 1999 No. 16 s 5 amd 2000 No. 43 s 11 ; 2002 No. 39 s 130 ; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ); 2009 No. 34 s 45 (1) sch pt 1 amdt 3; 2019 No. 10 s 35 sch 1 ; 2019 No. 23 s 48 s ch 1 pt 2 ; 2020 No. 19 s 128B (sec.19B-ssec.1) This section does not apply to the following decisions about release under this part— a decision by the Supreme Court; a decision under section 10 (2) ; a decision by a magistrate acting as a reviewing court under this section. (sec.19B-ssec.2) If a decision has been made about release under this part or the Youth Justice Act 1992 , part 5 , for a defendant, the defendant, complainant or prosecutor or a person appearing on behalf of the Crown may apply to the reviewing court for a review of the decision. (sec.19B-ssec.3) The reviewing court is— for a decision by a police officer or justice who is not a magistrate—a Magistrates Court constituted by a magistrate; or for any other decision—the Supreme Court constituted by a single judge. (sec.19B-ssec.4) A complainant, prosecutor or a person appearing on behalf of the Crown who makes an application under subsection (2) must take reasonable steps to inform the defendant of the time and place for the hearing of the application. (sec.19B-ssec.5) The hearing may proceed in the defendant’s absence, if the reviewing court is satisfied the steps were taken. (sec.19B-ssec.6) On the review, additional or substitute evidence or information may be given and the reviewing court may make any order it considers appropriate. (sec.19B-ssec.7) However, the orders that may be made under subsection (6) are limited by sections 13 , 16 , 16A and 17 (1A) and, if the defendant is a child, the Youth Justice Act 1992 , sections 48 , 48AAA , 48AE and 48A . (sec.19B-ssec.8) The person or court that made the decision under review must give the reviewing court any documents in the person’s or court’s possession that may be relevant to the review. (sec.19B-ssec.9) The reviewing court must decide an application under this section as soon as is reasonably practicable. - (a) a decision by the Supreme Court; - (b) a decision under section 10 (2) ; - (c) a decision by a magistrate acting as a reviewing court under this section. - (a) for a decision by a police officer or justice who is not a magistrate—a Magistrates Court constituted by a magistrate; or - (b) for any other decision—the Supreme Court constituted by a single judge.