psychoactive substance to which the order relates, being a sentence which is not fixed by law and against which an appeal may be brought. (2) Notwithstanding anything to the contrary in any S. 90(2) amended by other Act, a person (including the Crown) affected Nos 101/1986 by the refusal or failure of the Magistrates' Court s. 55(1)(e), 57/1989 to make an order under section 83 may appeal in s. 3(Sch. accordance with Rules of court against that failure item 59.14), 25/1990 or refusal. s. 4(1)(b). (3) On an appeal under subsection (1) the court to which the appeal is made may confirm vary or revoke the order to which the appeal relates. (4) An appeal under subsection (2) shall be by way of a re-hearing, and the court may in relation to the hearing and determination of the appeal exercise any powers which by or under this Act are conferred on a court in relation to the hearing and determination of an application for an order of the kind to which the appeal relates. (5) Where an appeal under subsection (1) is made by the Crown, proceedings on the appeal shall be instituted and conducted in the name of the Crown by the Director of Public Prosecutions. (6) An appeal under this section may be heard S. 90(6) amended by with any other appeal against the conviction or No. 40/2017 sentence for the offence in relation to a drug of s. 16. dependence or a psychoactive substance which is the subject-matter of the first-mentioned appeal. (7) A person's right of appeal under this section is in addition to any other right of appeal which the person may have.
psychoactive substance to which the order relates, being a sentence which is not fixed by law and against which an appeal may be brought. S. 90(2) amended by Nos 101/1986 s. 55(1)(e), 57/1989 s. 3(Sch. item 59.14), 25/1990 s. 4(1)(b). (2) Notwithstanding anything to the contrary in any other Act, a person (including the Crown) affected by the refusal or failure of the Magistrates' Court to make an order under section 83 may appeal in accordance with Rules of court against that failure or refusal. (3) On an appeal under subsection (1) the court to which the appeal is made may confirm vary or revoke the order to which the appeal relates. (4) An appeal under subsection (2) shall be by way of a re-hearing, and the court may in relation to the hearing and determination of the appeal exercise any powers which by or under this Act are conferred on a court in relation to the hearing and determination of an application for an order of the kind to which the appeal relates. (5) Where an appeal under subsection (1) is made by the Crown, proceedings on the appeal shall be instituted and conducted in the name of the Crown by the Director of Public Prosecutions. S. 90(6) amended by No. 40/2017 s. 16. (6) An appeal under this section may be heard with any other appeal against the conviction or sentence for the offence in relation to a drug of dependence or a psychoactive substance which is the subject-matter of the first-mentioned appeal. (7) A person's right of appeal under this section is in addition to any other right of appeal which the person may have.