Crimes Act 1914
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Hide history note(a) a court gives a section 15YV direction or makes a section 15YV order; and
(b) the prosecutor applied for the direction or order;
a defendant in the proceeding may apply to the court for an adjournment of the proceeding to allow time for the defendant to:
(c) decide whether to appeal against the direction or order; and
(d) if the defendant decides to do so - make the appeal. (2)
If:
(a) a court gives a section 15YV direction or makes a section 15YV order; and
(b) a defendant in the proceeding applied for the direction or order;
the prosecutor may apply to the court for an adjournment of the proceeding to allow time for the prosecutor to:
(c) decide whether to:
(i) appeal against the direction or order; or
(ii) withdraw the proceeding; and
(d) if the prosecutor decides to do so - make the appeal or withdrawal.
(3) Court refuses to give a direction or make an order.
(a) a court refuses to give a section 15YV direction or refuses to make a section 15YV order; and
(b) the prosecutor applied for the direction or order;
the prosecutor may apply to the court for an adjournment of the proceeding to allow time for the prosecutor to:
(c) decide whether to:
(i) appeal against the refusal; or
(ii) withdraw the proceeding; and
(d) if the prosecutor decides to do so - make the appeal or withdrawal. (4)
If:
(a) a court refuses to give a section 15YV direction or refuses to make a section 15YV order; and
(b) a defendant in the proceeding applied for the direction or order;
the defendant may apply to the court for an adjournment of the proceeding to allow time for the defendant to:
(c) decide whether to appeal against the refusal; and
(d) if the defendant decides to do so - make the appeal.
(5) Grant of adjournment.
If an application is made under this section,
the court must grant the adjournment.
Note:
For appeals, see section 15YZD .
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