sec.124Interrelation with other types of appeal

### sec.124 Interrelation with other types of appeal If a child starts a proceeding for an ordinary appeal against a sentence order— an application by the child for a sentence review of the sentence order can not be started; and any application by the child for a sentence review of the sentence order pending at the start of the proceeding for an ordinary appeal lapses. If— a child starts a proceeding for an ordinary appeal against a finding of guilt against the child in relation to which a sentence order was made; or a person other than a child against whom a sentence order has been made starts a proceeding for an ordinary appeal against the sentence order; a Childrens Court judge can not proceed to hear and decide any pending application by the child for a sentence review against the sentence order until the ordinary appeal is finished. If— a complainant or arresting officer applies for a sentence review of a sentence order made against a child; and the child starts a proceeding for an ordinary appeal against the sentence order or the finding of guilt for which it was made; a Childrens Court judge can not proceed to hear and decide the application for the sentence review until the ordinary appeal is finished. In this section— application by a child for a sentence review, includes an application by the chief executive acting in the child’s interests. ordinary appeal means— an appeal or application for leave to appeal under the Criminal Code , chapter 67 ; or an appeal under the Justices Act 1886 , part 9 . sentence review means a review under section 118 of a sentence order. s 124 prev s 124 amd 1996 No. 22 s 28 ; 1998 No. 39 s 30 om 2014 No. 9 s 7C pres s 124 ins 2016 No. 38 s 14 (sec.124-ssec.1) If a child starts a proceeding for an ordinary appeal against a sentence order— an application by the child for a sentence review of the sentence order can not be started; and any application by the child for a sentence review of the sentence order pending at the start of the proceeding for an ordinary appeal lapses. (sec.124-ssec.2) If— a child starts a proceeding for an ordinary appeal against a finding of guilt against the child in relation to which a sentence order was made; or a person other than a child against whom a sentence order has been made starts a proceeding for an ordinary appeal against the sentence order; a Childrens Court judge can not proceed to hear and decide any pending application by the child for a sentence review against the sentence order until the ordinary appeal is finished. (sec.124-ssec.3) If— a complainant or arresting officer applies for a sentence review of a sentence order made against a child; and the child starts a proceeding for an ordinary appeal against the sentence order or the finding of guilt for which it was made; a Childrens Court judge can not proceed to hear and decide the application for the sentence review until the ordinary appeal is finished. (sec.124-ssec.4) In this section— application by a child for a sentence review, includes an application by the chief executive acting in the child’s interests. ordinary appeal means— an appeal or application for leave to appeal under the Criminal Code , chapter 67 ; or an appeal under the Justices Act 1886 , part 9 . sentence review means a review under section 118 of a sentence order. - (a) an application by the child for a sentence review of the sentence order can not be started; and - (b) any application by the child for a sentence review of the sentence order pending at the start of the proceeding for an ordinary appeal lapses. - (a) a child starts a proceeding for an ordinary appeal against a finding of guilt against the child in relation to which a sentence order was made; or - (b) a person other than a child against whom a sentence order has been made starts a proceeding for an ordinary appeal against the sentence order; - (a) a complainant or arresting officer applies for a sentence review of a sentence order made against a child; and - (b) the child starts a proceeding for an ordinary appeal against the sentence order or the finding of guilt for which it was made; - (a) an appeal or application for leave to appeal under the Criminal Code , chapter 67 ; or - (b) an appeal under the Justices Act 1886 , part 9 .