TASIn ForceAct
Dangerous Criminals and High Risk Offenders Act 2021
43Appeal
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### 43 Appeal
> > (1) An appeal to the Court of Criminal Appeal by the DPP or the offender lies from any determination of the Supreme Court –
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> > > > (a) to make, or refuse to make, an HRO order, or an interim HRO order, in relation to an offender; or
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> > > > (b) to impose conditions on an HRO order, or an interim HRO order, in relation to an offender.
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> > (2) An appeal against the decision of the Supreme Court may be made, as of right, within 14 days of the day on which the decision was made, or, by leave of the Court of Criminal Appeal, within a longer period allowed by the Court of Criminal Appeal.
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> > (3) The making of an appeal does not stay the operation of an HRO order or an interim HRO order.
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> > (4) Without limiting the jurisdiction of the Court of Criminal Appeal, if the Court of Criminal Appeal remits a matter to the Supreme Court for decision after an appeal is made, the Court of Criminal Appeal may make, under [section 37](#GS37@EN) , an interim HRO order that is to be in force for a period, specified in the order, of not more than 28 days or a longer period allowed by the Court of Criminal Appeal.
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> > (5) The Court of Criminal Appeal may, in accordance with [subsection (4)](#GS43@Gs4@EN) , make under [section 37](#GS37@EN) more than one interim HRO order, but only if the combined period during which any interim HRO orders made by the Court of Criminal Appeal pursuant to the appeal, or that are made by the Supreme Court and are an order to which the appeal relates, do not exceed a total of 3 months or a longer period determined by the Court of Criminal Appeal.
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> > (6) If the Court of Criminal Appeal remits a matter to the Supreme Court for decision after an appeal is made, the HRO order, or the interim HRO order, continues in force, subject to any order made by the Court of Criminal Appeal.
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> > (7) This section does not limit any right of appeal that may exist apart from this section.