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Crimes (Sentence Administration) Act 2005
232Interstate transfer—review of Magistrates Court decision
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232 Interstate transfer—review of Magistrates Court decision
(1) Within 14 days after a decision is made under section 231 in relation
to a prisoner, any of the following may apply to the Supreme Court
for review of the decision:
(a) the prisoner;
(b) the Attorney-General;
(c) anyone else who asked for or consented to the transfer of the
(2) On application under this section, the Supreme Court may review the
decision.
(3) The following are entitled to appear, and to be represented, at the
review:
(a) the prisoner;
(b) the Attorney-General;
(c) anyone else who asked for or consented to the transfer of the
(4) A prisoner may only be represented at the review by a lawyer.
(5) For the review, the Supreme Court may, by written order, direct the
person in charge of the prison where the prisoner is being held to
bring the prisoner to the stated place of review at a stated time.
(6) The review is by way of rehearing on the evidence (if any) given
before the Magistrates Court and on any additional evidence given
before the Supreme Court.
(7) On the review of the decision, the Supreme Court may—
(a) confirm the decision; or
(b) set aside the decision and substitute a new decision.
(8) For the purpose of giving effect to a substituted decision under
subsection (7) (b), the Supreme Court may issue an order for the
transfer of the prisoner to a stated participating state or
non-participating territory.