CRIMES ACT 1914

Part IAE - Video link evidence in proceedings for terrorism and related offences etc.  

SECTION 15YX   Adjournment after a section 15YV direction or order etc.  

(1)   Court gives a direction or makes an order.  

If:


(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.  

If:


(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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