Crimes Act 1914
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Hide history noteWhere a prescribed authority issues a warrant in respect of a person under subsection 19AW(1) , or under that subsection as applied by section 19AX , the person may appeal to the Supreme Court of the State or Territory in which the person was arrested against:
(a) the issue of the warrant; or
(b) the calculation, for the purposes of the warrant, of the unserved part of any outstanding sentence; or
(c) the fixing, for the purposes of the warrant, of a non-parole period or the refusal to fix such a period.
(2)
An appeal may be begun by lodging a notice of appeal with the court within 21 days after the day on which the warrant to which the appeal relates was issued.
(3)
An appeal is to be by way of rehearing, but the court may have regard to any evidence given before the prescribed authority.
(4)
The court may, on the application of the person making the appeal, order the release of the person from prison pending the disposal of the appeal, on such conditions as the court determines, and, upon the court's so doing, the warrant appealed against shall not, unless the person breaks a condition of his or her release, be executed or further executed before the appeal is disposed of.
(5)
The court must:
(a) if the appeal is against the issue of the warrant - either confirm or revoke the warrant; or
(b) if the appeal is against the calculation of the unserved part of any outstanding sentence - either confirm the warrant or vary the warrant, so far as it relates to that calculation, as specified in the order; or
(c) if the appeal is against the fixing of a non-parole period or the refusal to fix such a period - either confirm the warrant or vary the warrant, if it fixes a non-parole period, as specified in the order.
(6)
Where a warrant is revoked under paragraph (5)(a), the person to whom the warrant relates, if the court has not already ordered the person's release under subsection (4), is to be released from prison immediately.
(7)
In this section:
outstanding
sentence
has the same meaning as in section
19AW
.
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