Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
29 Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
S. 29(1) amended by Nos 57/1989 s. 3(Sch. item 173.3(a)(b)), 68/2009 s. 97(Sch. item 106.1), 5/2016 s. 36(Sch. 1 item 14), 3/2016 s. 98(1).
A person who is disqualified from obtaining a driver licence or learner permit by order of the Magistrates' Court or whose driver licence is cancelled or suspended or varied by order of the Magistrates' Court may, under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009, appeal against the order in the same manner as a person may appeal from summary conviction by the Magistrates' Court.
S. 29(1A) inserted by No. 30/2010 s. 91(2), amended by Nos 5/2016 s. 36(Sch. 1 item 14), 3/2016 s. 98(2), 1/2022 s. 106(1).
(1A) A child who is disqualified from obtaining a driver licence or learner permit by order of the Children's Court or whose driver licence is cancelled or suspended or varied by order of the Children's Court may, under Division 1 of Part 5.4 of Chapter 5 of the Children, Youth and Families Act 2005, appeal to the County Court or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against the order in the same manner as a child may appeal from summary conviction by the Children's Court.
S. 29(2) amended by Nos 68/2009 s. 97(Sch. item 106.2), 30/2010 s. 91(3), 1/2022 s. 106(2).
The filing of notice of appeal to the County Court, Trial Division of the Supreme Court or the Court of Appeal (as the case requires) does not stay the operation of the order but the court making the order may, in its discretion, stay the operation of the order pending the decision of the appeal.
S. 29(2A) inserted by No. 56/2013 s. 21.
To avoid doubt, this section applies irrespective of whether the order of the Magistrates' Court or of the Children's Court is made under this Act or the Sentencing Act 1991.
S. 29(3) amended by Nos 57/1989 s. 3(Sch. item 173.4), 110/2004 s. 29, 5/2016 s. 27.
This section does not apply to an order of the Magistrates' Court made on an appeal under section 26 or section 46H.
This Act’s bill:Second reading speech
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