South Australian Current Acts South Australian Current Acts (1) An appeal lies to
the Court of Appeal against—
(a) a
decision of the Supreme Court on an application to discharge an order for
detention under this Division;
(b) a
decision of the Supreme Court on an application to release a person on licence
under this Division.
(2) An appeal under
this section may be instituted by the DPP or by the person to whom the
particular decision relates.
(3) 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.
(4) On an appeal, the
Court of Appeal may—
(a)
confirm, reverse or annul the decision subject to appeal;
(b) make
any order that it considers should have been made in the first instance;
(c) make
any consequential or ancillary orders.
(5) Subject to
subsection (6), if—
(a) the
Supreme Court decides—
(i)
to discharge an order for detention under this Division;
or
(ii)
to release a person on licence under this Division; and
(b)
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.
(6) 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.