Parole Act 2002

Extended supervision orders - Appeals and reviews

107R: Appeals against decisions of sentencing court

You could also call this:

"Challenging a court decision: how to appeal if you disagree"

Illustration for Parole Act 2002

If you do not agree with a decision made by the sentencing court under section 107I, 107IAC, 107M, or 107RA, you can appeal. You or the chief executive can make this appeal. You appeal to the Court of Appeal and follow the rules in Part 6 of the Criminal Procedure Act 2011. This is like appealing against a sentence, but you must also consider section 107H of this Act. When you appeal, the decision you are appealing against still happens. You can still appeal, but the decision will be carried out while you wait for the result of your appeal.

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"What happens to your supervision order if you get a new sentence?"


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107RA: Review by court, or

"When a court checks if you still need to follow an extended supervision order to keep the community safe"

Part 1AExtended supervision orders
Appeals and reviews

107RAppeals against decisions of sentencing court

  1. An appeal against a decision or order made by the sentencing court under section 107I, 107IAC, 107M, or 107RA may be made by the offender to whom the decision or order relates or by the chief executive.

  2. Every appeal must be to the Court of Appeal, and Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications, and subject to section 107H of this Act, as if the appeal were an appeal against sentence.

  3. The lodging of an appeal against a decision or order does not prevent that decision or order taking effect according to its terms.

Notes
  • Section 107R: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
  • Section 107R(1): amended, on , by section 24 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
  • Section 107R(2): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).