Parole Act 2002

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69 Procedure on appeal against postponement orders, section 107 orders, and final recall orders

(1)

An appellant must forward a copy of his or her appeal to the Board.

(2)

On receiving a copy of an appeal, the Board must forward to the Registrar of the High Court all information in its possession regarding the decision appealed against.

(3)

The Registrar of the High Court must, on receipt of the information from the Board, set down the appeal for hearing on the first practicable sitting day in the most convenient place where sittings of the High Court are held, and must notify the appellant and the Board accordingly.

(4)

Subject to this section, sections 323, 325, 326, 328, 334, 335, 337 to 342, 351, 379, and 382 of the Criminal Procedure Act 2011 apply to an appeal under section 68 with the necessary modifications as if the order appealed against were an order made by a District Court Judge.

(4A)

Any Judge of the High Court may, on the application of the appellant or intending appellant,—

(a)

review a decision of the District Court to refuse to extend the time allowed for lodging an appeal under section 68, and confirm the decision or reverse it and allow any extension of time that he or she thinks fit:

(b)

in any other case, extend any time allowed for lodging an appeal under section 68.

(5)

On an appeal under section 68, the court may receive in evidence anything that the Board could have received at first instance.

(6)

The court is not bound to allow the appeal on the ground merely of the improper admission or rejection of evidence unless, in the opinion of the court, a substantive wrong or miscarriage of justice occurred because of it.

Compare: 1985 No 120 s 107M(2), (5), (6)

Section 69(4): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 69(4A): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 69(4A)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).