379Orders and powers on successful appeal

379 Orders and powers on successful appeal

(1) If the Court of Appeal allows an appeal made under section 375, it must set aside the sentence imposed by the appellate court and either—

(a) impose the sentence, whether more or less severe, that it considers appropriate; or

(b) remit the matter to the appellate court.

(2) If the Court of Appeal remits a matter to the appellate court under subsection (1)(b)—

(a) it may give directions concerning the manner and scope of the further hearing by the appellate court, including a direction as to whether the hearing is to be conducted by the appellate court constituted by the same judge or a different judge; and

(b) the appellate court, whether constituted by the same judge or a different judge, must hear and determine the matter in accordance with the directions, if any.

(3) Despite anything to the contrary in this Act, on an appeal made under section 375, the Court of Appeal may make a probation order, a youth supervision and support order or a youth control order in respect of an appellant even though, at the time of making that order, the appellant is 19 years of age or over but under 21 years of age.

Section 241 provides that the Supreme Court may exercise the sentencing powers of the Children's Court.

380 Powers and procedure

Division 7 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 applies as if a reference in that Division to that Part were a reference to this Part.

Part 8.7—Case stated for Court of Appeal

381 Reservation of question of law

(1) On the hearing of an appeal to the County Court or the Trial Division of the Supreme Court from the Children's Court, if a question of law arises, the County Court or the Trial Division of the Supreme Court (as the case may be) may reserve the question for determination by the Court of Appeal if satisfied that it is in the interests of justice to do so, having regard to—

(a) the extent of any disruption or delay to the hearing that may arise if the question of law is reserved; and

(b) whether the determination of the question of law may—

(i) render the hearing unnecessary; or

(ii) substantially reduce the time required for the hearing; or

(iii) resolve a novel question of law that is necessary for the proper conduct of the hearing.

(2) Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.