Section 15YX — Crimes Act 1914: Adjournment after a section 15YV direction or order etc.

Court gives a direction or makes an order (1) 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. Court refuses to give a direction or make an order (3) 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. Grant of adjournment (5) If an application is made under this section, the court must grant the adjournment. Note: For appeals, see section 15YZD.