Victorian Numbered Acts Victorian Numbered Acts(1) A party to a proceeding (other than a committal proceeding) before the Criminal Division may appeal to the Supreme Court, on a question of law, from a final order of the Court in that proceeding.
(2) If an informant who is a member of the police force wishes to appeal under sub-section (1), the appeal must be brought by the Director of Public Prosecutions on behalf of the informant.
(3) An appeal under sub-section (1)—
(a) must be instituted not later than 30 days after the day on which the order complained of was made; and
(b) does not operate as a stay of any order made by the Court unless the Supreme Court so orders.
(4) Subject to sub-section (3), an appeal under sub-section (1) must be brought in accordance with the rules of the Supreme Court.
(5) An appeal instituted after the end of the period referred to in sub-section (3)(a) is deemed to be an application for leave to appeal under sub-section (1).
(6) The Supreme Court may grant leave under
sub-section (5) and the appellant may proceed with the appeal if the Supreme
Court—
s. 427
(a) is of the opinion that the failure to institute the appeal within the period referred to in sub-section (3)(a) 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.
(7) After hearing and determining the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for re-hearing to the Court with or without any direction in law.
(8) An order made by the Supreme Court on an appeal under sub-section (1), other than an order remitting the case for re-hearing to the Court, may be enforced as an order of the Supreme Court.
(9) The Supreme Court may provide for a stay of the order or for admitting any person to bail as it thinks fit.