21AAppeal to Supreme Court

21A Appeal to Supreme Court

[Section 21A Inserted by No. 27 of 2020, s. 7, Applied:01 Jul 2021]

(1)  A person referred to in subsection (2) may appeal, to a judge of the Supreme Court, a decision of a magistrate to –

(a) grant an order for bail in respect of a person; or

(b) impose a condition on an order for bail made in respect of a person; or

(c) refuse to make an order for bail in respect of a person.

(2)  An appeal under subsection (1) may only be made by one or more of the following persons:

(a) the person –

(i) admitted to bail under the order to which the appeal relates; or

(ii) refused the order for bail to which the appeal relates;

(b) a Crown Law Officer within the meaning of section 1 of the Criminal Code;

(c) if the appeal relates to an order for bail, or a refusal to grant bail, in respect of an offence against a law of the Commonwealth –

(i) the Director of Public Prosecutions of the Commonwealth; or

(ii) a person acting on behalf of the Director of Public Prosecutions of the Commonwealth.

(3)  An appeal under subsection (1)  –

(a) may only be made by the defendant if the decision of the magistrate being appealed was made on an application for bail, whether orally or in writing, where submissions were made in support of the application; and

(b) must be made within 21 days after the order, to which the appeal relates, was made or was refused; and

(c) is to be commenced by filing a notice of appeal, with the Registrar of the Supreme Court, that specifies which orders are sought.