121Powers of Court of Appeal

121 Powers of Court of Appeal (1) Subject to section 120, on an appeal under this Division, the Court of Appeal may make any order that the court considers appropriate, including an order— (a) confirming the decision; or (b) revoking the supervision order or the renewed supervision order; or (c) revoking the detention order or the renewed detention order; or (d) revoking the emergency detention order; or (e) revoking the interim supervision order, interim detention order, extended interim supervision order or extended interim detention order; or (f) revoking an extension of an intensive treatment and supervision condition on a supervision order; or (g) if the decision was to vary or add a condition to a supervision order or an interim supervision order, revoking the variation or revoking or varying the condition; or (h) if the decision was to cancel or suspend a firearms authority or to revoke or suspend a weapons approval or the application of a weapons exemption, revoking the order; or (i) if the decision was to specify a particular period of operation of an order, varying the period of operation of the order; or (j) if the decision was to revoke an order made under this Act, reviving the order; or (k) if the decision was to revoke a supervision order and make a detention order, revoking the detention order and restoring the supervision order; or (l) setting aside the decision and remitting the matter to the court which made that decision, with or without any directions. (2) If the Court of Appeal sets aside a decision and remits a matter to a court under subsection (1)(l), the court to which the matter is remitted may, subject to subsection (3), make or renew a supervision order or detention order or make or extend an interim supervision order or interim detention order in respect of the offender even if— (a) the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired; or (b) the order to be renewed or extended has expired. (3) Subsection (2) does not apply to— (a) a decision to make or not to make an emergency detention order; or (b) an offender who has ceased to be an eligible offender by reason of section 8(4). (4) A direction under subsection (1)(l) may include a direction as to whether or not the court to which the matter is remitted should be constituted by the judge who made the decision appealed. (5) If the Court of Appeal sets aside a decision to make or not to make an emergency detention order and remits a matter to the Supreme Court under subsection (1)(l), the Supreme Court may make the emergency detention order in respect of the offender even if the offender has ceased to be an eligible offender because the relevant supervision order or interim supervision order has expired.