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Magistrates Court Act 1930
208Appeals to which div 3.10.2 applies
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208 Appeals to which div 3.10.2 applies
(1) Each of the following appeals is an appeal to which this division
applies:
(a) an appeal by any of the following from a decision of the
Magistrates Court under the Crimes Act, section 315A (2) or (3)
(Investigation into fitness to plead) or section 315D (7) (Person
found temporarily unfit to plead):
(i) the person whose fitness to plead was decided;
(ii) anyone who appeared at the proceeding in which the
decision was made;
(iii) anyone else with the leave of the court;
(b) an appeal, by the person convicted, from a conviction for an
offence dealt with by the Magistrates Court, or the Childrens
Court, under—
(i) part 3.6 (Proceedings for offences punishable summarily);
or
(ii) part 3.7 (Service and pleading by post for certain offences);
or
(iii) the Crimes Act—
(A) section 374 (Summary disposal of certain cases at
prosecutor’s election); or
(B) section 375 (Summary disposal of certain cases—
Magistrates Court); or
(C) section 375AA (Summary disposal of certain cases—
Childrens Court);
(c) an appeal, by the person against whom the order is made, from
an order made under section 113 or section 114, in a proceeding
dealt with under—
(i) part 3.6; or
(d) an appeal from a sentence or penalty by a person convicted of
an offence dealt with under any of the following (whether or not
the person appeals against the conviction in relation to which the
sentence or penalty was imposed):
(i) section 90A, part 3.6 or part 3.7;
Appeals in criminal matters Division 3.10.2
(e) an appeal from an order of the court under any of the following
provisions of the Crimes (Sentencing) Act 2005:
(i) part 3.2 (Sentences of imprisonment);
(ii) part 3.3 (Non-custodial sentences);
(iii) part 3.4 (Non-association and place restriction orders);
(iv) part 3.5 (Deferred sentence orders);
(v) part 3.6 (Combination sentences);
(f) an appeal from an order of the court under the Crimes (Sentence
Administration) Act 2005, part 6.6 (Good behaviour orders—
amendment and discharge);
(g) an appeal from an order of the court to disqualify a person from
holding or obtaining a driver licence under an automatic
disqualification provision under the Road Transport (General)
Act 1999, division 4.2 (Licence suspension, disqualification and
related matters), if the order is for a longer period than the
minimum.
Note Automatic disqualification provision—see the Road Transport
(General) Act 1999, s 61A.
(2) Subsection (1) does not affect any power that the Supreme Court has,
apart from this Act, to grant bail or to vary the conditions of bail.