430ZStay of certain orders during appeal period

430Z Stay of certain orders during appeal period (1) This section applies to an order under section 84, 85B or 86 of the **Sentencing Act 1991** made by the Trial Division of the Supreme Court or the County Court. See section 83G(1) of the **Sentencing Act 1991** in relation to superannuation orders. (2) Unless the Trial Division of the Supreme Court or the County Court otherwise directs, an order referred to in subsection (1) is stayed during the appeal period. S. 430z(3) amended by No. 30/2010 s. 44(3). (3) If an order is stayed under subsection (2) and the conviction is set aside on appeal, the order does not take effect unless the Court of Appeal otherwise orders. (4) The Court of Appeal may set aside or vary an order made by the Trial Division of the Supreme Court or the County Court under subsection (2). (5) Rules of court may provide for securing the safe custody during the appeal period of any property the subject of an order referred to in subsection (1). S. 430ZA inserted by No. 68/2009 s. 69. 430ZA Execution of order for forfeiture or destruction of property (1) If a court orders the forfeiture or destruction of any property in relation to an offence, the property must not be forfeited or destroyed during the appeal period unless earlier forfeiture or destruction is permitted by any other law. (2) This section does not apply to orders made under the **Confiscation Act 1997**. (3) Rules of court may provide for securing the safe custody during the appeal period of any property the subject of an order referred to in subsection (1). Division 8—Miscellaneous S. 430ZB inserted by No. 68/2009 s. 69. 430ZB Appeal by child under 15 years If an appellant is a child under the age of 15 years, the appeal may be made on the child's behalf and in the name of the child by— (a) the child's parent; or (b) in the absence of the parent, the Secretary. S. 430ZC inserted by No. 68/2009 s. 69. 430ZC Parent may enter into bail S. 430ZC(1) amended by No. 28/2023 s. 65. (1) If the child is granted bail with or without a bail guarantor (within the meaning of the **Bail Act 1977**) pending an appeal under this Part but it appears to the court granting bail that the child does not have the capacity or understanding to enter into bail, the child's parent or any other person may enter into bail as principal. (2) The bail entered into under subsection (1) must be— (a) in an amount determined by the court granting bail; and (b) on condition that the person produce the child at the court to which the appeal is made at a place and on a day to be fixed by the registrar of the County Court or as directed by the court to which the appeal is made (as the case requires). S. 430ZD inserted by No. 68/2009 s. 69. 430ZD Appeals to be heard in open court (1) Proceedings on an appeal under this Part are, subject to subsection (2), to be conducted in open court. (2) The court hearing the appeal may order that— (a) the whole or any part of a proceeding be heard in closed court; or (b) only persons or classes of persons specified by it may be present during the whole or any part of a proceeding. (3) A court may make an order under subsection (2) on the application of a party or any other person who has a direct interest in the proceeding or on its own motion. (4) Any party to the proceeding and any other interested person has standing to support or oppose an application under subsection (3). (5) If an order has been made under this section, the court hearing the appeal must cause a copy of the order to be posted on a door of, or in another conspicuous place at, the place at which the court is sitting. (6) An order posted under this section must not contain any particulars likely to lead to the identification of a child who is a party to the proceeding. (7) A person must not contravene an order made and posted under this section. (a) In the case of a person of or above the age of 18 years, 25 penalty units or 6 months imprisonment; or (b) In the case of a child of or above the age of 15 years, 25 penalty units or detention in a youth justice centre for 6 months; or (c) In the case of a child under the age of 15 years, 12 penalty units or detention in a youth residential centre for 3 months. S. 430ZE inserted by No. 68/2009 s. 69. 430ZE Legal representation Section 524 applies, with any necessary modifications, to appeals under this Part as if— (a) a reference to the Court or the Criminal Division were a reference to the court hearing an appeal under this Part; and (b) a reference to a proceeding referred to in section 525(2) were a reference to an appeal under this Part. S. 430ZF inserted by No. 68/2009 s. 69. 430ZF Interpreters If the court hearing an appeal under this Part is satisfied that a party to the appeal has a difficulty in communicating in the English language that is sufficient to prevent him or her from understanding, or participating in, the appeal, the court must not hear and determine the appeal without an interpreter interpreting it. S. 430ZG inserted by No. 68/2009 s. 69. 430ZG Explanation of and reasons for orders (1) If the court hearing an appeal makes an order in relation to bail or makes a final order in relation to the appeal, the court must explain the meaning and effect of the order as plainly and simply as possible and in a way which it considers the parties to the appeal will understand. (2) An explanation under subsection (1) must be given through an interpreter to a party to the appeal who the court considers has a difficulty in communicating in the English language that is sufficient to prevent him or her from understanding the explanation given by the court. Division 9—Costs on appeal S. 430ZH inserted by No. 68/2009 s. 69. 430ZH No costs on appeal or new hearing No costs are to be allowed to a party to— (a) an appeal under this Part; or (b) a new hearing; or (c) a proceeding preliminary or incidental to an appeal or new hearing. Part 5.5—Parole Ch. 5 Pt 5.5 Div. 1 (Heading and ss 431–441) amended by Nos 48/2006 s. 22, 80/2006 s. 26(Sch. item 12.2), 69/2009 s. 54(Sch. Pt 2 item 10), 5/2013 s. 78, 67/2014 s. 147(Sch. 2 item 8.2), repealed by No. 61/2014 s. 105. Division 2—Youth Parole Board