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Psychoactive Substances Act 2016
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30Appeals against making of prohibition orders and premises orders
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Orders made under section 18 or 20
(1)A person against whom a prohibition order under section 18 or a premises order is made by a court specified in the first column of the table may appeal against the making of the order to the court specified in the corresponding entry in the second column of the table—
| Court that made order | Court to which appeal lies |
|---|---|
| Youth court in England and Wales | Crown Court |
| Magistrates’ court | |
| Sheriff | Sheriff Appeal Court |
| Youth court in Northern Ireland | County Court |
| Court of summary jurisdiction |
(2)An appeal under subsection (1) against the making of an order must be made before the end of the period of 28 days starting with the date of the order.
(3)On an appeal under subsection (1) the court hearing the appeal may by order affirm, vary or revoke the order, and may also make such incidental or consequential orders as appear to it to be just.
(4)An order that has been affirmed or varied under subsection (3) remains an order of the court that first made it for the purposes of sections 24 and 28.
Orders made under section 19
(5)A person against whom a prohibition order is made under section 19 may appeal against the making of the order as if it were a sentence passed on the person for the offence referred to in section 19(1) (to the extent it would not otherwise be so appealable).
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