104Appeal from finding of contempt

104 Appeal from finding of contempt

S. 104(1) amended by No. 68/2009 s. 97(Sch. item 30.1(a)).

(1) A person who is committed to prison or fined under section 103 may, with the leave of the Court of Appeal, appeal to the Court of Appeal in accordance with Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 against the punishment as if—

(a) the person were a person convicted on indictment in the Trial Division of the Supreme Court; and

S. 104(1)(b) amended by No. 68/2009 s. 97(Sch. item 30.1(b)).

(b) the punishment imposed were the sentence imposed on their conviction.

S. 104(2) amended by No. 68/2009 s. 97(Sch. item 30.2).

(2) Under section 310 of the Criminal Procedure Act 2009, the Court of Appeal may, if it thinks fit, on the application of a person who has been committed to prison under section 103 and who has appealed under subsection (1), admit the person to bail pending the determination of his or her appeal.

S. 104(3) amended by No. 68/2009 s. 97(Sch. item 30.3).

(3) The time within which an appeal may be made under this section may be extended by the Court of Appeal under section 313 of the Criminal Procedure Act 2009.

Division 3—Rules of Court and practice notes