Western Australian Current Acts

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BAIL ACT 1982 - SECT 53

53 .         Appeal against decision made under s. 52

        (1)         A person who is dissatisfied with a decision (as defined in section 6 of the Criminal Appeals Act 2004 ) made under section 52 may, with the leave of the Court of Appeal, appeal against it.

        (2)         For the purposes of subsection (1), Part 2 of the Criminal Appeals Act 2004 , with any necessary changes, applies as if —

            (a)         the decision referred to in subsection (1) were a decision of a court of summary jurisdiction; and

            (b)         a reference in that Part to a court of summary jurisdiction were a reference to the court that made the decision referred to in subsection (1); and

            (c)         a reference in that Part to commencing an appeal were a reference to applying for leave to appeal.

        (3)         Despite section 13(1) of the Criminal Appeals Act 2004 , the appeal is to be dealt with by the Court of Appeal.

        [Section 53 inserted: No. 45 of 2004 s. 28(3); amended: No. 84 of 2004 s. 11 and 82.]



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