ACTIn ForceRegulation
Court Procedures Rules
5708Review orders—stay
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5708 Review orders—stay
(1) This rule applies if the Supreme Court makes a review order under
the Magistrates Court Act 1930, section 219C (2) (Grant of order nisi
to review).
(2) The Supreme Court may—
(a) order that the enforcement of the decision of the Magistrates
Court be stayed pending the hearing of the review order; and
(b) if the appellant is in custody and is not detained for any other
reason—grant the appellant bail in accordance with the Bail Act
1992; and
(c) if the review order is made in relation to a decision of a kind
mentioned in the Magistrates Court Act 1930, section 219B (1)
(d) or (e) and, after making that decision, the Magistrates Court
has, under the Crimes Act 1900, section 375 (Summary disposal
of certain cases), heard and decided a case and sentenced or
otherwise dealt with the defendant according to law—order that
the enforcement of any further decision made by the Magistrates
Court in relation to the case be stayed.
Rule 5709
(3) If the Supreme Court makes a review order in relation to an
application by the informant in relation to a decision of the
Magistrates Court of a kind mentioned in the Magistrates Court
Act 1930, section 219B (1) (d) or (e), the proceeding in the
Magistrates Court is stayed until the proceeding in the Supreme Court
is finished, abandoned or discontinued.