Review of suppression orders
69AB Review of suppression orders
Subject to the regulations, a suppression order becomes liable to review as follows:
if the order relates to criminal proceedings and is in force at the time, the order becomes liable to review as follows:
on the completion or termination of committal proceedings;
on the withdrawal of a charge after the completion of committal proceedings;
on the acquittal of the defendant;
when an appeal against conviction or sentence has been determined or all rights to appeal against conviction or sentence have been exhausted or expired;
on the defendant being declared under Part 8A of the Criminal
Law Consolidation Act 1935 to be liable to supervision;
in any other case—when the proceedings are otherwise concluded or terminated, (and, if more than 1 such occasion for review occurs in the course of the same proceedings, the order becomes liable to review on each such occasion);
if the order relates to a coronial inquest, the order becomes liable to review when the coroner gives his or her findings on the inquest;
if the order relates to civil proceedings, the order becomes liable to review when the court gives its judgment in the proceedings or the proceedings are settled or withdrawn.
When a suppression order becomes liable to review, the court that made the order must conduct a review as soon as practicable.
The following persons are entitled to be heard on a review:
the applicant for the suppression order;
a party to the proceedings in which the suppression order was made;
a representative of a newspaper or a radio or television station;
any other person who has, in the opinion of the court, a proper interest in the matters to be considered on the review.
On a review, the court may confirm, vary or revoke the suppression order.
This provision refers to the regulations (the regulations
). Made under this Act:
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