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Criminal Procedure Act 2011

Appeals - Appeals against suppression orders - Further appeals

292: Interim suppression order pending determination of second appeal

You could also call this:

"Temporary secrecy order while you wait for your second appeal to be decided"

Illustration for Criminal Procedure Act 2011

If you are appealing a court decision about a suppression order, you can ask the court to make a temporary order. The court can make this temporary order if you can show them that you plan to file a second appeal under section 291 against the court's decision under section 287. The court may then make an interim order that does what you are asking for.

You get this temporary order if you are going to file a second appeal. The temporary order stays in place until a certain time limit is up for filing your appeal, as stated in section 291(2). It also stays in place until your appeal is finally decided, if you file your appeal on time and the court allows it to proceed.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"How to Start a Second Appeal in Court"

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Part 6Appeals
Appeals against suppression orders: Further appeals

292Interim suppression order pending determination of second appeal

  1. This section applies if the applicant for the suppression order satisfies the first appeal court that an appeal against the court’s determination under section 287 is to be filed under section 291.

  2. The court may make an interim order to the effect sought by the applicant.

  3. An interim order made under subsection (2) continues in force until—

  4. the expiry of the period specified in section 291(2) for filing a notice of application for leave to appeal; or
    1. the appeal is finally determined, if the notice is filed within that specified period and leave is given.