Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT ACT 2008 (NO. 21 OF 2008) - SECT 20

    For section 39 of the Serious Sex Offenders Monitoring Act 2005 substitute —

        "     39     Powers of Court of Appeal

    (1)     On an appeal under this Part, the Court of Appeal may—

        (a)     confirm the relevant decision; or

        (b)     revoke the extended supervision order or the renewed extended supervision order; or

        (c)     if the relevant decision was to revoke an extended supervision order, make an order reviving the extended supervision order; or

        (d)     quash the relevant decision and remit the matter to the court which made that decision, with or without any directions.

    (2)     If the Court of Appeal makes an order under subsection (1)(c), the period between the making of that order and the revocation of the extended supervision order must be taken to have been a period of suspension arising by force of section 19.

    (3)     If the Court of Appeal remits a matter to a court under subsection (1)(d), that court may make or renew an extended supervision order in respect of the offender even if—

        (a)     the offender is not then an eligible offender because he or she is no longer serving a custodial sentence as required by section 4(1)(b); or

        (b)     the extended supervision order has expired—

as the case requires.

    (4)     Directions under subsection (1)(d) may include directions as to whether or not the court to which the matter is remitted should be constituted by the judge who made the relevant decision.".