DPP's right of appeal—failure to fulfil undertaking
337 DPP's right of appeal—failure to fulfil undertaking
Without limiting any right of appeal against sentence under section 334, the DPP may appeal against a sentence imposed on a child in respect of an indictable offence that was heard and determined summarily by the Children's Court if—
the sentence was less severe because of an undertaking given by the child to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, whether or not a proceeding for that offence had commenced at the time of sentencing; and
the DPP considers that the child has failed, wholly or partly, to fulfil the undertaking.
The appeal under subsection (1) is—
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 the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal.
The DPP may appeal under this section at any time, whether or not the sentence has been served.
This Act’s bill:Explanatory memorandumSecond reading speech
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