Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 272

Appeal to Supreme Court on a question of law

    (1)     A party to a criminal proceeding (other than a committal proceeding) in the Magistrates' Court may appeal to the Supreme Court on a question of law, from a final order of the Magistrates' Court in that proceeding.

S. 272(2) amended by No. 37/2014 s. 10(Sch. item 41.5).

    (2)     If an informant who is a police officer wishes to appeal under subsection (1), the appeal may be brought only by the DPP on behalf of the informant.

    (3)     An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of the Supreme Court within 28 days after the day on which the order complained of was made.

    (4)     A copy of the notice of appeal must be served on the respondent in accordance with subsection (5) within 7 days after the day on which the notice of appeal was filed.

S. 272(5) amended by No. 68/2009 s. 49(n).

    (5)     A copy of the notice of appeal must be served—

S. 272(5)(a) amended by No. 68/2009 s. 51(zr)(i).

        (a)     personally on a respondent who was the accused in accordance with section 391; or

S. 272(5)(b) amended by No. 68/2009 s. 51(zr)(ii).

        (b)     on a respondent who was the informant in accordance with section 392.

    (6)     An appeal under subsection (1) does not operate as a stay of any order made by the Magistrates' Court unless the Supreme Court otherwise orders.

    (7)     An appeal commenced after the end of the period referred to in subsection (3) is deemed to be an application for leave to appeal under subsection (1).

    (8)     The Supreme Court may grant leave under subsection (7) and the appellant may proceed with the appeal if the Supreme Court—

        (a)     is of the opinion that the failure to commence the appeal within the period referred to in subsection (3) was due to exceptional circumstances; and

        (b)     is satisfied that the case of any other party to the appeal would not be materially prejudiced because of the delay.

    (9)     After hearing and determining the appeal, the Supreme Court may make any order that it thinks appropriate, including an order remitting the case for rehearing to the Magistrates' Court with or without any direction in law.

    (10)     An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for rehearing to the Magistrates' Court, may be enforced as an order of the Supreme Court.

    (11)     The Supreme Court may provide for a stay of the order or for admitting any person to bail as it considers appropriate.



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