Section 379A — Crimes Act 1961: Right of appeal in certain cases

379A Right of appeal in certain cases (1) At any time before the trial, or as the case may require a later retrial, either the prosecutor or the accused person, with the leave of the court appealed to, may appeal to the Court of Appeal or the Supreme Court against any of the following orders (whether made in relation to the trial or a later retrial of charges), namely,— (a) Against a refusal to make an order under subsection (1) of section 322 of this Act: (aa) Against the making of an order under section 344A of this Act, or against the refusal of a Judge to make such an order: (b) Against the making of an order under subsection (3) of section 330 of this Act or under subsection (3) of section 340 of this Act, or against a refusal to make any such order: (ba) Against the making of an order under paragraph (a) or paragraph (b) of section 138(2) of the Criminal Justice Act 1985 or section 140 , or the refusal to make any such order: (c) Against the quashing or amendment of the indictment under subsection (2) of section 342 of this Act, or against a refusal to quash or amend the indictment under that subsection: (ca) Against an order under section 345B of this Act extending the period allowed for filing an indictment or refusing to do so: (cb) Against an order under section 345C of this Act excusing the prosecution from the obligation to disclose certain information: (cc) Against an order under section 345D of this Act granting or refusing leave to file an amended indictment: (cd) Against an order under section 346 of this Act discharging or refusing to discharge an accused: (d) Against the making of an order directing separate trials of persons jointly charged, or against a refusal to make such an order: (e) Against the granting of leave on an application under section 109(1)(d) of the Evidence Act 2006 relating to the identity of a witness, or against the refusal of a Judge to grant such leave: (f) Against the making of an anonymity order under sections 112 and 113 of the Evidence Act 2006 , or against the refusal of a Judge to make an anonymity order under that section. (g) against the making of an order under section 44 of the Evidence Act 2006 relating to the cross examination of a complainant, or against the refusal to make such an order. (ga) against the making of an order under section 378A for a person to be retried or against the refusal to make such an order: (2) At any time before the trial, the accused person, with the leave of the court appealed to, may appeal to the Court of Appeal or the Supreme Court— (a) Against the making of an order under subsection (1) of section 322 of this Act, or against the imposition by a Judge of any condition under subsection (3) of that section: (b) Against a refusal to make an order under the proviso to section 331 of this Act. (3) On an appeal under this section the Court of Appeal or Supreme Court may confirm or vary the decision of the Court or Judge (as the case may be), or set the decision aside and make any other order (being an order that could have been made in the first place) that the Court of Appeal or Supreme Court thinks appropriate. (4) Where a person desires to obtain the leave of the Court of Appeal to appeal to that Court under this section, he shall give notice of his application for leave to appeal in such manner as may be directed by rules of Court within 10 days after the decision of the Court or Judge is given, irrespective of whether reasons for the decision are given at a later date and irrespective of whether any formal steps to sign, enter, or otherwise perfect the decision are necessary or are afterwards taken. (5) The time within which notice of an application for leave to appeal to the Court of Appeal under this section may be given may be extended at any time by the Court of Appeal. (6) Notwithstanding that an application for leave to appeal under subsection (1)(aa) of this section has been made, the Court may, if it is satisfied that it is in the interests of justice to do so, proceed with the trial without awaiting the determination of the application. Section 379A was inserted, as from 1 January 1967, by section 8 Crimes Amendment Act 1966 (1966 No 98). Section 379A was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting “ High Court ” for “ Supreme Court ” wherever they occur. Subsection (1) was amended, as from 14 November 2000, by section 4(1) Crimes Amendment Act 2000 (2000 No 57) by substituting “ , or as the case may require a later retrial, either the prosecutor or the accused person, with the leave of the Court of Appeal, may appeal to that Court against any of the following orders (whether made in relation to the trial or a later retrial of charges), namely, ” for “ either the prosecutor or the accused person, with the leave of the Court of Appeal, may appeal to that Court ” . Subsection (1) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting “ court appealed to, may appeal to the Court of Appeal or the Supreme Court ” for “ Court of Appeal, may appeal to that Court ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (1)(a) was amended, as from 1 May 1981, by section 15(a) Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting “ a refusal ” for “ the refusal of a Judge of the High Court ” . Subsection (1)(aa) was inserted, as from 1 January 1981, by section 3(2) Crimes Amendment Act 1980 (1980 No 63). Subsection (1)(ba) was inserted, as from 1 September 1993, by section 4 Crimes Amendment Act (No 2) 1993 (1993 No 46). Subsection (1)(b) and (c) was amended, as from 1 May 1981, by section 15(b) Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting “ a refusal ” for “ the refusal of the High Court ” . Subsection (1)(ca) to (cd) was inserted, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68). See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1). Subsection (1)(d) was amended, as from 1 May 1981, by section 15(c) Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting “ a refusal ” for “ the refusal of the High Court or a Judge thereof ” . Subsection (1)(e) was inserted, as from 30 September 1986, by section 3 Crimes Amendment Act (No 3) 1986 (1986 No 76). Subsection (1)(e) was amended, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69) by substituting “ section 109(1)(d) of the Evidence Act 2006 ” for “ section 13A(6)(d) of the Evidence Act 1908 ” . See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190). Subsection (1)(f) was inserted, as from 11 December 1997, by section 5 Evidence (Witness Anonymity) Amendment Act 1997 (1997 No 103). Subsection (1)(f) was amended, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69) by substituting “ sections 112 and 113 of the Evidence Act 2006 ” for “ section 13C of the Evidence Act 1908 ” . See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190). Subsection (1)(g) was inserted, as from 14 November 2000, by section 4(2) Crimes Amendment Act 2000 (2000 No 57). Subsection (1)(g) was amended, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69) by substituting “ section 44 of the Evidence Act 2006 ” for “ section 23A of the Evidence Act 1908 ” . See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190). Section 379A(1)(ga): inserted, on 26 June 2008, by section 7 of the Crimes Amendment Act (No 2) 2008 (2008 No 37). Subsection (2) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting “ court appealed to, may appeal to the Court of Appeal or the Supreme Court ” for “ Court of Appeal, may appeal to that Court ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (2)(b) was amended, as from 1 May 1981, by section 15(d) Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting “ a refusal ” for “ the refusal of the High Court ” . Subsection (3) was amended, as from 1 April 1968, by section 14(1) Costs in Criminal Cases Act 1967 (1967 No 129) by omitting “ and that the Court may also make such order as to the costs of the appeal as to that Court seems just ” . Subsections (3) and (4) were amended, as from 1 May 1981, by section 15(e) Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting “ Court or Judge ” for “ High Court or the Judge thereof ” . Subsection (3) was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (5) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting “ to the Court of Appeal ” after “ appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (6) was inserted, as from 1 January 1981, by section 3(3) Crimes Amendment Act 1980 (1980 No 63).