Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (CRIMINAL APPEALS) ACT 2019 (NO. 44 OF 2019) - SECT 14

After section 430E of the Children, Youth and Families Act 2005 insert —

        " 430EA     Power to strike out appeal with no reasonable prospect of success

    (1)     The appellate court may strike out an appeal under section 424 if the court is satisfied that the appeal has no reasonable prospect of success.

    (2)     If—

        (a)     the appellate court strikes out an appeal under subsection (1); and

        (b)     the appellant had been sentenced to a term of detention in a youth residential centre or a youth justice centre by the Children's Court—

the registrar of the County Court or the Prothonotary, as the case requires, may issue, in accordance with the Magistrates' Court Act 1989 , a warrant to detain the appellant or applicant in a youth residential centre or youth justice centre and may recall and cancel that warrant.

    (3)     If an appeal is struck out under subsection (1)—

        (a)     the stay of the sentence of the Children's Court is lifted; and

        (b)     subject to subsection (4), the sentence may be enforced as if an appeal had not been commenced; and

        (c)     the registrar of the County Court or the Prothonotary, as the case requires, must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and

        (d)     the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.

    (4)     For the purposes of the enforcement of any penalty, time is deemed not to have run while the sentence of the Children's Court was stayed.

        430EB     Bail following appeal

If on an appeal the appellate court remits the proceeding to the Children's Court in accordance with section 426(3), the appellate court may remand the appellant in custody or grant the appellant bail pending the hearing of the remitted proceeding in the Children's Court.".