sec.40Appeal

### sec.40 Appeal A party to a decision of the Supreme Court judge on an application for an order ending a relevant person’s detention may appeal to the Court of Appeal against the decision. If the commissioner is the appellant, the decision appealed against is stayed on the filing of the notice of appeal. The Court of Appeal must hear and decide the appeal without delay. If the commissioner is the appellant, the Court of Appeal may make an order— allowing the appeal; or confirming the decision appealed against and dismissing the appeal. If the relevant person is the appellant, the Court of Appeal may make an order— ending the relevant person’s detention; or confirming the decision appealed against and dismissing the appeal. The Court of Appeal may make the other orders the court considers appropriate. However, the Court of Appeal may not order a party other than the commissioner to pay the commissioner’s costs of the appeal. s 40 ins 2003 No. 46 s 13 (sec.40-ssec.1) A party to a decision of the Supreme Court judge on an application for an order ending a relevant person’s detention may appeal to the Court of Appeal against the decision. (sec.40-ssec.2) If the commissioner is the appellant, the decision appealed against is stayed on the filing of the notice of appeal. (sec.40-ssec.3) The Court of Appeal must hear and decide the appeal without delay. (sec.40-ssec.4) If the commissioner is the appellant, the Court of Appeal may make an order— allowing the appeal; or confirming the decision appealed against and dismissing the appeal. (sec.40-ssec.5) If the relevant person is the appellant, the Court of Appeal may make an order— ending the relevant person’s detention; or confirming the decision appealed against and dismissing the appeal. (sec.40-ssec.6) The Court of Appeal may make the other orders the court considers appropriate. (sec.40-ssec.7) However, the Court of Appeal may not order a party other than the commissioner to pay the commissioner’s costs of the appeal. - (a) allowing the appeal; or - (b) confirming the decision appealed against and dismissing the appeal. - (a) ending the relevant person’s detention; or - (b) confirming the decision appealed against and dismissing the appeal.