Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 122

Court of Appeal may make interim supervision order or interim detention order

    (1)     On setting aside a decision and remitting a matter to a court under section 121(1)(l), the Court of Appeal may, subject to subsection (2), make an interim supervision order or an interim detention order (as the case requires) in respect of the offender if the Court of Appeal is satisfied that—

        (a)     the making of the order is justified; and

        (b)     it is in the public interest to make the order.

    (2)     Subsection (1) does not apply to a decision to make or not to make an emergency detention order.

    (3)     Subject to this section, this Act applies to an interim supervision order or interim detention order made by the Court of Appeal in the same way as it applies to any other like interim order.

    (4)     The period of an interim supervision order or interim detention order made by the Court of Appeal is the period commencing on the making of the order and ending at the time when the matter has been determined by the court to which the matter has been remitted.

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