57BAppeals regarding extended leave

57B Appeals regarding extended leave

(1) A person may appeal to the Court of Appeal against a refusal to grant the person extended leave.

S. 57B(2) amended by Nos 29/2010 s. 31(1), 15/2015 s. 37(20).

(2) The Secretary to the Department of Health and Human Services may appeal to the Court of Appeal against a grant of extended leave to a forensic resident or a forensic patient if the Secretary considers that—

(a) extended leave should not have been granted; and

S. 57B(2A) inserted by No. 29/2010 s. 31(2), repealed by No. 15/2015 s. 37(21).

(3) The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal against a grant of extended leave if he or she—

(a) was a party to the proceeding in which extended leave was granted; and

(b) considers that extended leave should not have been granted; and

S. 57B(3A) inserted by No. 68/2009 s. 97(Sch. item 39.38).

(3A) An appeal under this section is commenced by filing a notice of appeal in accordance with the rules of court within 28 days after the day on which extended leave is granted or refused (as the case requires) or any extension of that period granted under section 76C.

S. 57B(3B) inserted by No. 68/2009 s. 97(Sch. item 39.38).

(3B) If the appeal is commenced under subsection (1), the Registrar of Criminal Appeals of the Supreme Court must provide to the respondent a copy of the notice of appeal within 7 days after the day on which the notice of appeal is filed.

S. 57B(3C) inserted by No. 68/2009 s. 97(Sch. item 39.38), amended by Nos 29/2010 s. 31(3), 15/2015 s. 37(22).

(3C) If the appeal is commenced by the Secretary to the Department of Health and Human Services, the Director of Public Prosecutions or the Attorney‑General—

(b) a copy of the notice of appeal must be served personally on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice of appeal is filed; and

(c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the application for extended leave, if that legal practitioner can reasonably be identified.

(4) On an appeal against a refusal to grant extended leave, the Court of Appeal may—

(a) confirm the refusal to grant extended leave; or

(b) grant extended leave in accordance with section 57; or

(c) remit the matter, with or without directions, to the court that refused to grant extended leave.

(5) On an appeal against a grant of extended leave, the Court of Appeal may—