Appeals in respect of converted order and bonds
86 Appeals in respect of converted order and bonds
This clause applies to an order or bond (an original order or bond) referred to in clause 71 (1), 72 (1), 73 (1), 74 (1) or 75 (1).
Note.
Clauses 71–75 deal respectively with existing home detention orders, intensive correction orders, community service orders, section 9 bonds and section 10 bonds, which were made or entered into before the commencement day.
An appeal in respect of an original order or bond that was pending immediately before the commencement day is not affected by the amending Act. However—
if the court hearing the appeal sentences or re-sentences the offender, it must do so in accordance with this Act as in force on and after the commencement day, or
to the extent the court confirms the original order or bond, this clause does not affect the operation of whichever of clauses 71–75 is relevant to the order.
An appeal may be made in respect of an original order or bond on or after the commencement day as if the amending Act had not been enacted. However—
if the court hearing the appeal sentences or re-sentences the offender, it must do so in accordance with this Act as in force on and after the commencement day, or
to the extent the court confirms the original order or bond, this clause does not affect the operation of whichever of clauses 71–75 is relevant to the order.
Note.
This subclause does not confer a right of appeal where a right of appeal did not exist before the commencement day.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.