Court Procedures Rules 2006

This rule applies if the Supreme Court makes a review order under the Magistrates Court Act 1930, section 219C (2) (Grant of order nisi to review).

The Supreme Court may—

order that the enforcement of the decision of the Magistrates Court be stayed pending the hearing of the review order; and

if the appellant is in custody and is not detained for any other reason—grant the appellant bail in accordance with the Bail Act 1992; and

if the review order is made in relation to a decision of a kind mentioned in the Magistrates Court Act 1930, section 219B (1) (d) or (e) and, after making that decision, the Magistrates Court has, under the Crimes Act 1900, section 375 (Summary disposal of certain cases), heard and decided a case and sentenced or otherwise dealt with the defendant according to law—order that the enforcement of any further decision made by the Magistrates Court in relation to the case be stayed.

Pt 6.2 (Applications in proceedings) applies to an application for a stay under this rule.

If the Supreme Court makes a review order in relation to an application by the informant in relation to a decision of the Magistrates Court of a kind mentioned in the Magistrates Court Act 1930, section 219B (1) (d) or (e), the proceeding in the Magistrates Court is stayed until the proceeding in the Supreme Court is finished, abandoned or discontinued.