Powers of court of appeal
672.78 (1) The court of appeal may allow an appeal against a disposition or placement decision and set aside an order made by the court or Review Board, where the court of appeal is of the opinion that
(a) it is unreasonable or cannot be supported by the evidence;
(b) it is based on a wrong decision on a question of law; or
(c) there was a miscarriage of justice.
Idem
(2) The court of appeal may dismiss an appeal against a disposition or placement decision where the court is of the opinion
(a) that paragraphs (1)(a), (b) and (c) do not apply; or
(b) that paragraph (1)(b) may apply, but the court finds that no substantial wrong or miscarriage of justice has occurred.
Orders that the court may make
(3) Where the court of appeal allows an appeal against a disposition or placement decision, it may
(a) make any disposition under section 672.54 or any placement decision that the Review Board could have made;
(b) refer the matter back to the court or Review Board for re-hearing, in whole or in part, in accordance with any directions that the court of appeal considers appropriate; or
(c) make any other order that justice requires.
Annotations
- Part XX.1