Right of appeal against sentence of detention imposed on appeal from Children's Court

Current

(1)

A child sentenced to a term of detention in a youth justice custodial centre by an appellate court under section 333, 336 or 339 may appeal to the Court of Appeal against the sentence if—

(a)

in the proceeding that is the subject of the appeal, the Children's Court had not ordered that the child be detained; and

(b)

the Court of Appeal gives the child leave to appeal.

(2)

Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.

This Act’s bill:Explanatory memorandum Second reading speech

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375 Right of appeal against sentence of detention imposed on appeal from Children's Court