Decision on appeal under s. 25A(c) or (d)
32B Decision on appeal under s. 25A(c) or (d)
This section applies in the case of an appeal commenced under section 25A against —
an order or decision referred to in paragraph (c) or (d) of that section; or
a refusal referred to in paragraph (c) of that section.
Unless under subsection (3) the Court of Appeal allows the appeal, it must dismiss the appeal.
The Court of Appeal may allow the appeal if, in its opinion —
in the case of an appeal referred to in subsection (1)(a), a different order should have been made or a different limiting term set; or
in the case of an appeal referred to in subsection (1)(b), an order should have been made.
If the Court of Appeal allows an appeal referred to in subsection (1)(a), it must set aside the order or limiting term and —
may instead make a new order, or set a new limiting term that is either longer or shorter than the term set aside; or
may send the charge back to the court that made the order or set the limiting term to be dealt with further.
If the Court of Appeal allows an appeal referred to in subsection (1)(b), it —
may make any order that should have been made; or
may send the charge back to the court that refused to make the order to be dealt with further.
[Section 32B inserted: No. 10 of 2023 s. 310.]
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