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Criminal Code Act 1983
430Appeals from the decision of the Court
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430 Appeals from the decision of the Court
(1) Where an appeal to the Court is upheld and the appellant is entitled
to have the finding of guilt against him quashed by order of the
Court the Court may, upon application on behalf of the Crown at
any time before the release of such appellant, either by the same or
by a separate order, direct that execution of the order quashing the
appellant's finding of guilt be stayed for such time, not exceeding
7 days, as the Court thinks fit; and the Court or a Judge shall
thereupon make such order for the detention of the appellant, or his
return to any former custody, or for releasing him on bail, as the
Court or Judge thinks fit, for the time during which such stay has
been directed.
(2) The Court or a Judge may, upon application by or on behalf of a
Crown Law Officer, make such order for the detention of the
appellant or for releasing him on bail pending the hearing of an
appeal to the High Court of Australia as the Court or a Judge may
think fit and may at any time vary or rescind such order.
(3) On the application of any appellant deeming himself wronged by
any failure to diligently prosecute such appeal the Court or a Judge
may order the immediate execution of the original order of the Court
quashing the finding of guilt and may order the appellant's
immediate release and the Court may further, if it thinks fit, award
him such compensation as appears just.