Criminal Justice Act, 1993
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Suspension of compensation order pending appeal. |
8.—(1) The operation of a compensation order shall be suspended— | |
(a) in any case, until the ordinary time for giving notice of an appeal or of an application for leave to appeal (whether against the conviction to which the order relates or the sentence) has expired, and | ||
(b) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired. | ||
(2) Where the operation of a compensation order is suspended under subsection (1) (b), the order shall not take effect if the conviction concerned is reversed on appeal. | ||
(3) A court hearing an appeal against conviction or sentence may annul or vary the compensation order concerned. | ||
(4) A person against whom a compensation order is made may appeal against the order to the court to which an appeal against the conviction concerned may be brought and subsections (1) (b) and (3) shall apply in relation to an appeal under this subsection as they apply, or would apply, to an appeal against the conviction. | ||
(5) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his sentence, the order shall cease to have effect if he successfully appeals against his conviction of the offence, or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made. | ||
(6) In this section references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907 . |