24Court may make orders pending making of supervision order

24 Court may make orders pending making of supervision order

S. 24(1) amended by No. 68/2009 s. 97(Sch. item 39.22).

(1) If the court declares a person liable to supervision, the court may make any one or more of the following orders pending the making of a supervision order—

S. 24(1)(a) amended by No. 68/2009 s. 97(Sch. item 39.22).

S. 24(1)(b) amended by No. 68/2009 s. 97(Sch. item 39.22).

(b) subject to subsection (2), an order remanding the person in custody in an appropriate place;

S. 24(1)(c) amended by No. 68/2009 s. 97(Sch. item 39.22).

(c) subject to subsection (3), an order remanding the person in custody in a prison;

S. 24(1)(d)(i) amended by No. 68/2009 s. 97(Sch. item 39.22).

S. 24(2) amended by No. 68/2009 s. 97(Sch. item 39.22).

(2) The court must not make an order remanding a person in custody in an appropriate place unless the court has received a certificate under section 47 stating that the facilities or services necessary for that order are available.

S. 24(3) amended by No. 68/2009 s. 97(Sch. item 39.22).

(3) The court must not make an order remanding a person in custody in a prison unless satisfied that there is no practicable alternative in the circumstances.

S. 24AA inserted by No. 7/2009 s. 424 (as amended by No. 68/2009 ss 45, 54(j)).

24AA Appeal against mental impairment verdict

(1) In a criminal proceeding in the County Court or the Trial Division of the Supreme Court, if a verdict of not guilty because of mental impairment is recorded against a person, the person may appeal to the Court of Appeal against the verdict on any ground of appeal, with the leave of the Court of Appeal.

(2) An application for leave to appeal under subsection (1) is commenced by filing a notice of application for leave to appeal in accordance with the rules of court within 28 days after the day on which the verdict is recorded or any extension of that period granted under section 76C.

(3) The Registrar of Criminal Appeals of the Supreme Court must provide to the respondent a copy of the notice of application for leave to appeal within 7 days after the day on which the notice of application is filed.

(4) On an appeal under subsection (1), the Court of Appeal must allow the appeal if the appellant satisfies the court that—

(a) the verdict of the jury is unreasonable or cannot be supported having regard to the evidence; or

(b) as a result of an error or an irregularity in, or in relation to, the trial there has been a substantial miscarriage of justice; or