Commentary on Sections Part 2:  Prevention Orders Section 22:  Appeals
88.A person may appeal against the making of a STPO on conviction in the same manner as an appeal against sentence (subsection (1)(a) and (b)). For example, an order made by the magistrates’ court may be appealed to the Crown Court. A STPO made on an application under section 15 and an interim STPO may be appealed to the Crown Court (subsection (1)(c) and (2)).
89.A person in respect of whom an order is made may also appeal a decision under section 20 to vary, renew or discharge an order (subsection (3)).
90.Subsection (4) sets out the powers of the Crown Court when determining an appeal. It will be open to the court to revoke the order or to amend its provision (either the duration or the prohibitions contained in it).
91.Subsection (5) provides that in cases specified in the subsection an order made by a Crown Court on an appeal is treated as if it were an order of the court from which the appeal was brought. For example, an order by the Crown Court on an appeal from a decision of the magistrates’ court under section 15 is treated as if it was an order of the magistrates’ court for the purposes of a subsequent application to vary that order.