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

286. Orders etc. on successful appeal

286. Orders etc. on successful appeal

(1) If the Court of Appeal allows an appeal under section 283, it must set aside the sentence imposed by the County Court and either—

(a) impose the sentence, whether more or less severe, that it considers appropriate; or

(b) remit the matter to the County Court.

(2) If the Court of Appeal remits a matter to the County Court under subsection (1)(b)—

(a) it may give directions concerning the manner and scope of the further hearing by the County Court, including a direction as to whether the hearing is to be conducted by the same judge or a different judge; and

(b) the County Court, whether constituted by the same judge or a different judge, must hear and determine the matter in accordance with the directions, if any.

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