(a) In any case in which a person is detained or released on a condition requiring him to return to custody after specified hours, after review of his application pursuant to § 40.50, or in which a person's release is revoked pursuant to § 40.75, an appeal may be taken. (b) Any order appealed pursuant to Subsection (a) shall be affirmed if it is supported by the proceedings below. If the order is not so supported, the court may remand the case for a further hearing, or may, with or without additional evidence, order the person released pursuant to either §§ 40.15 or 40.20. (c) Any appeal pursuant to this Section shall be determined promptly.
COURT DECISIONS: D.C. GUAM APP. DIV. 1980. Pursuant to § 40.80 of this Title, the District Court of Guam has discretion to modify the conditions of release rather than to order a remand and direct that the Superior Court make such an order. People v. Jones, D.C. App. Guam 1980, D.C. Cr. #80-0013A. NOTE: Section 40.80 is new. It is substantively the same as 18 U.S.C. § 3147 and provides an immediate appeal from a pretrial order detaining the appellant. See generally 9 Moore, Federal Practice &&209.01-209.05 (1973).