Summary Proceedings Act 1957

89 Rights of representation and appeal

(1)

Every defendant attending before a District Court Judge or Community Magistrate pursuant to any provision of sections 88 to 88AG is entitled to be represented by a barrister or solicitor.

(2)

If a defendant is sentenced to community work, community detention, or home detention under section 88AE(1) or is imprisoned pursuant to a warrant of commitment issued under that provision, the defendant has a right of appeal under section 244 of the Criminal Procedure Act 2011 as if the defendant had been convicted of an offence.

(3)

On any such appeal under section 244 of the Criminal Procedure Act 2011 by a defendant sentenced by a District Court Judge, the High Court may, in accordance with its powers under section 251 of the Criminal Procedure Act 2011, remit the matter to a District Court Judge to be dealt with as that Judge thinks fit under section 88AE(1) of this Act, except that that Judge must not impose a sentence the same as that appealed against.

Section 89: replaced, on 30 June 1998, by section 22(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 89(1): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 89(2): replaced, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 89(3): replaced, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).