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Change 1
As published
58 Appeals
(1) A relevant person may appeal to the relevant court against a decision made—
(a) on an application under section 52 (applications for CCE prevention orders);
(b) under section 54 (interim CCE prevention orders);
(c) on an application under section 57 (variation and discharge of CCE prevention orders).
(2) In this section—
“relevant court” means—
in the case of a decision of a magistrates’ court, the Crown Court;
in the case of a decision of the Crown Court, the Court of Appeal;
“relevant person” means—
the person who made the application to which the decision relates,
the defendant,
the chief officer of police for the police area in which the defendant lives, or
a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area.
(3) On an appeal under subsection (1) the relevant court may make—
(a) such orders as may be necessary to give effect to its determination of the appeal, and
(b) such incidental and consequential orders as appear to it to be appropriate.
(4) Where a CCE prevention order is made by virtue of paragraph (b), (c) or (d) of section 50(1), the defendant may appeal against the making of the order (so far as they could not otherwise do so) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence.
(5) Where a CCE prevention order is made on appeal, for the purposes of this Chapter (other than this section) the order is to be treated as made by the court from which the appeal was made.
(6) Rules of court may provide that an appeal from a decision—
(a) to dismiss an application for a CCE prevention order made without notice being given to the defendant, or
(b) to refuse to make an interim CCE prevention order when adjourning proceedings following such an application,
may be made without notice being given to the defendant.
Your change, as a redline
58 Appeals
(1) A relevant person may appeal to the relevant court against a decision made—
(a) on an application under section 52 (applications for CCE prevention orders);
(b) under section 54 (interim CCE prevention orders);
(c) on an application under section 57 (variation and discharge of CCE prevention orders).
(2) In this section—
“relevant court” means—
in the case of a decision of a magistrates’ court, the Crown Court;
in the case of a decision of the Crown Court, the Court of Appeal;
“relevant person” means—
the person who made the application to which the decision relates,
the defendant,
the chief officer of police for the police area in which the defendant lives, or
a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area.
(3) On an appeal under subsection (1) the relevant court may make—
(a) such orders as may be necessary to give effect to its determination of the appeal, and
(b) such incidental and consequential orders as appear to it to be appropriate.
(4) Where a CCE prevention order is made by virtue of paragraph (b), (c) or (d) of section 50(1), the defendant may appeal against the making of the order (so far as they could not otherwise do so) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence.
(5) Where a CCE prevention order is made on appeal, for the purposes of this Chapter (other than this section) the order is to be treated as made by the court from which the appeal was made.
(6) Rules of court may provide that an appeal from a decision—
(a) to dismiss an application for a CCE prevention order made without notice being given to the defendant, or
(b) to refuse to make an interim CCE prevention order when adjourning proceedings following such an application,
may be made without notice being given to the defendant.
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