QLDIn ForceAct
Public Safety Preservation Act 1986
sec.36Appeal
Start here
Get a plain-English read of sec.36
Turn the raw legal text into a practical explanation grounded in Public Safety Preservation Act 1986.
### sec.36 Appeal
The commissioner may appeal to the Court of Appeal against the refusal of the Supreme Court judge to approve the continued use of the detention power.
On the filing of an appeal, the decision of the Supreme Court judge is stayed.
The Court of Appeal—
must hear and decide the appeal without delay; and
may either—
approve the continued use of the detention power; or
confirm the decision appealed against and dismiss the appeal; and
may make the other orders the court considers appropriate.
s 36 ins 2003 No. 46 s 13
(sec.36-ssec.1) The commissioner may appeal to the Court of Appeal against the refusal of the Supreme Court judge to approve the continued use of the detention power.
(sec.36-ssec.2) On the filing of an appeal, the decision of the Supreme Court judge is stayed.
(sec.36-ssec.3) The Court of Appeal— must hear and decide the appeal without delay; and may either— approve the continued use of the detention power; or confirm the decision appealed against and dismiss the appeal; and may make the other orders the court considers appropriate.
- (a) must hear and decide the appeal without delay; and
- (b) may either— (i) approve the continued use of the detention power; or (ii) confirm the decision appealed against and dismiss the appeal; and
- (i) approve the continued use of the detention power; or
- (ii) confirm the decision appealed against and dismiss the appeal; and
- (c) may make the other orders the court considers appropriate.
- (i) approve the continued use of the detention power; or
- (ii) confirm the decision appealed against and dismiss the appeal; and