Appeals
65 Appeals
An appeal lies to the Court of Appeal against—
a decision of the Supreme Court on an application to discharge an order for detention under this Division;
a decision of the Supreme Court on an application to release a person on licence under this Division.
An appeal under this section may be instituted by the DPP or by the person to whom the particular decision relates.
Subject to a contrary order of the Court of Appeal, an appeal cannot be commenced after 10 days from the date of the decision against which the appeal lies.
On an appeal, the Court of Appeal may—
confirm, reverse or annul the decision subject to appeal;
make any order that it considers should have been made in the first instance;
make any consequential or ancillary orders.
Subject to subsection (6), if—
the Supreme Court decides—
to discharge an order for detention under this Division;
or
to release a person on licence under this Division;
and
counsel appearing on behalf of the DPP gives immediate notice that an appeal against the decision will be instituted, the decision has no force or effect pending the outcome of the appeal.
If the DPP gives notice under subsection (5) of an appeal against a decision of the Supreme Court but then a person acting on behalf of the DPP subsequently files with the Supreme Court a notice that the DPP does not desire to proceed with the appeal, the decision will take effect.
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