Criminal Code

Marginal note: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.

• 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 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.

• 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.