Application respecting dispositions under appeal
672.76 (1) Any party who gives notice to each of the other parties, within the time and in the manner prescribed, may apply to a judge of the court of appeal for an order under this section respecting a disposition or placement decision that is under appeal.
Discretionary powers respecting suspension of dispositions
(2) On receipt of an application made pursuant to subsection (1) a judge of the court of appeal may, if satisfied that the mental condition of the accused justifies it,
(a) by order, direct that a disposition made under section 672.58 be carried out pending the determination of the appeal, despite section 672.75;
(a.1) by order, direct that a disposition made under paragraph 672.54(a) be suspended pending the determination of the appeal;
(b) by order, direct that the application of a placement decision or a disposition made under paragraph 672.54(b) or (c) be suspended pending the determination of the appeal;
(c) where the application of a disposition is suspended pursuant to section 672.75 or paragraph (b), make any other disposition in respect of the accused that is appropriate in the circumstances, other than a disposition under paragraph 672.54(a) or section 672.58, pending the determination of the appeal;
(d) where the application of a placement decision is suspended pursuant to an order made under paragraph (b), make any other placement decision that is appropriate in the circumstances, pending the determination of the appeal; and
(e) give any directions that the judge considers necessary for expediting the appeal.
Copy of order to parties
(3) A judge of the court of appeal who makes an order under this section shall send a copy of the order to each of the parties without delay.
Annotations
- Part XX.1