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Clause 272

sets out the requirements for parties to appeal on a question of law. Subclause (1) allows a party (including the DPP on behalf of a police officer) to appeal to the Supreme Court on a question of law, from a final order of the Magistrates' Court, unless the order was made in a committal proceeding. Under subclause (3), an appeal under this clause is commenced by filing a notice of appeal in accordance with the rules of the Supreme Court within 28 days after the day on which the order complained of was made. Subclause (4) requires a copy of the notice of appeal to be served within 7 days of the notice of appeal being filed. An appeal under this clause does not operate as a stay of any order made by the Magistrates' Court unless the Supreme Court orders otherwise. Further, an appeal commenced late is deemed to be an application for leave to appeal. The County Court may grant leave to appeal and the appellant may proceed with the appeal if the late notice of appeal was due to exceptional circumstances and the respondent's case would not be materially prejudiced because of the delay. Subclause (9) provides that, after hearing and determining the appeal, the Supreme Court may make any order that it thinks appropriate, including remitting the case for rehearing to the Magistrates' Court with or without any direction in law. An order made on appeal can be enforced as an order of the Supreme Court. The Supreme Court has the power to stay the original sentence (and other orders) or grant bail.