Criminal Code

Version of section 672.76 from 2003-01-01 to 2014-07-10:

Marginal note:Application respecting dispositions under appeal
  •  (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.

  • Marginal note: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 paragraph 672.54(a) or section 672.58 be carried out pending the determination of the appeal, notwithstanding section 672.75;

    • (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.

  • Marginal note: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.

  • 1991, c. 43, s. 4.
Date modified: