Adjournment after a section 15YV direction or order etc
15YX Adjournment after a section 15YV direction or order etc
Court gives a direction or makes an order
If:
a court gives a section 15YV direction or makes a section 15YV order; and
the prosecutor applied for the direction or order;
a defendant in the proceeding may apply to the court for an adjournment of the proceeding to allow time for the defendant to:
decide whether to appeal against the direction or order; and
if the defendant decides to do so—make the appeal.
If:
a court gives a section 15YV direction or makes a section 15YV order; and
a defendant in the proceeding applied for the direction or order;
the prosecutor may apply to the court for an adjournment of the proceeding to allow time for the prosecutor to:
decide whether to:
appeal against the direction or order; or
withdraw the proceeding; and
if the prosecutor decides to do so—make the appeal or withdrawal.
Court refuses to give a direction or make an order
If:
a court refuses to give a section 15YV direction or refuses to make a section 15YV order; and
the prosecutor applied for the direction or order;
the prosecutor may apply to the court for an adjournment of the proceeding to allow time for the prosecutor to:
decide whether to:
appeal against the refusal; or
withdraw the proceeding; and
if the prosecutor decides to do so—make the appeal or withdrawal.
If:
a court refuses to give a section 15YV direction or refuses to make a section 15YV order; and
a defendant in the proceeding applied for the direction or order;
the defendant may apply to the court for an adjournment of the proceeding to allow time for the defendant to:
decide whether to appeal against the refusal; and
if the defendant decides to do so—make the appeal.
Grant of adjournment
If an application is made under this section, the court must grant the adjournment.
For appeals, see section 15YZD.
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