Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-15

284A. Determination of application for leave to appeal under section 283

284A. Determination of application for leave to appeal under section 283

(1) This section applies to an application for leave to appeal under section 283 that is heard by a single Judge of Appeal under section 315(1).

(2) An application for leave to appeal under section 283 may be refused in relation to any ground of appeal if there is no reasonable prospect that the Court of Appeal would impose a less severe sentence than the sentence imposed by the County Court.

(3) An application may be refused under subsection (2) even if the Judge of Appeal considers that there may be a reasonably arguable ground of appeal.

Note

Section 315(2) entitles an unsuccessful applicant to have the application determined by the Court of Appeal.

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