{"id":"nsw:sl-2021-0194","name":"Supreme Court (Criminal Appeal) Rules 2021","slug":"supreme-court-criminal-appeal-rules-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"194 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176203,"registerId":"nsw-nsw:sl-2021-0194-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Rules","content":"#### 1 Name of Rules\n\n1.1 Name of Rules\n\n> These Rules are the [Supreme Court (Criminal Appeal) Rules 2021](/view/html/inforce/current/sl-2021-0194).","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Documentation, evidence and representation","content":"# Part 2 Documentation, evidence and representation\n\nPart 2 Documentation, evidence and representation","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Forms","content":"## Division 2 Forms\n\nDivision 2.1 Forms","sortOrder":7},{"sectionNumber":"2","sectionType":"section","heading":"Approval of forms","content":"#### 2 Approval of forms\n\n2.1 Approval of forms\n\n> > (1) The Chief Justice may approve forms from time to time for documents to be used in connection with proceedings or proposed proceedings in the Court.\n> \n> > (2) Copies of the approved forms are to be made available for inspection at the registry of the Court and on the Court’s website.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Commencement of proceedings","content":"# Part 3 Commencement of proceedings\n\nPart 3 Commencement of proceedings","sortOrder":36},{"sectionNumber":"Division 3","sectionType":"division","heading":"Appeals","content":"## Division 3 Appeals\n\nDivision 3.1 Appeals","sortOrder":37},{"sectionNumber":"pt.3-div.3.1-sdiv.1","sectionType":"division","heading":"Notices of intention to appeal","content":"### pt.3-div.3.1-sdiv.1 Notices of intention to appeal\n\nSubdivision 1 Notices of intention to appeal\n\nNote—\n\nThe Dictionary in Schedule 1 defines notice of intention to appeal to include a notice of intention to apply for leave to appeal.","sortOrder":38},{"sectionNumber":"3","sectionType":"section","heading":"Notice of intention to appeal","content":"#### 3 Notice of intention to appeal\n\n3.1 Notice of intention to appeal\n\n> > (1) A notice of intention to appeal is to be given by filing a notice in the approved form.\n> \n> > (2) The notice must be signed by the appellant or an Australian legal practitioner representing the appellant.\n> \n> > (3) A notice of intention to appeal has effect for a period of 12 months after the day it is filed.","sortOrder":39},{"sectionNumber":"pt.3-div.3.1-sdiv.2","sectionType":"division","heading":"Notices of appeal","content":"### pt.3-div.3.1-sdiv.2 Notices of appeal\n\nSubdivision 2 Notices of appeal\n\nNote—\n\nThe Dictionary in Schedule 1 defines notice of appeal to include a notice of application to apply for leave to appeal.","sortOrder":43},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conduct of proceedings","content":"# Part 4 Conduct of proceedings\n\nPart 4 Conduct of proceedings","sortOrder":65},{"sectionNumber":"Division 4","sectionType":"division","heading":"Case management","content":"## Division 4 Case management\n\nDivision 4.1 Case management","sortOrder":66},{"sectionNumber":"4","sectionType":"section","heading":"Court may give directions concerning case management","content":"#### 4 Court may give directions concerning case management\n\n4.1 Court may give directions concerning case management\n\n> > (1) The Court may give directions by way of case management for the timely and efficient conduct of proceedings before the Court.\n> \n> > (2) The power of the Court under subrule (1) is prescribed for the 1912 Act, section 22(1)(l) as a power of the Court that may be exercised by a designated Judge.","sortOrder":67},{"sectionNumber":"Part 5","sectionType":"part","heading":"Resolution of proceedings","content":"# Part 5 Resolution of proceedings\n\nPart 5 Resolution of proceedings","sortOrder":87},{"sectionNumber":"Division 5","sectionType":"division","heading":"Abandoning proceedings","content":"## Division 5 Abandoning proceedings\n\nDivision 5.1 Abandoning proceedings","sortOrder":88},{"sectionNumber":"5","sectionType":"section","heading":"Abandoning proceedings","content":"#### 5 Abandoning proceedings\n\n5.1 Abandoning proceedings\n\n> > (1) An appellant may abandon an appeal or application for leave to appeal by filing a notice in the approved form.\n> \n> > (2) On the receipt of the notice—\n> > \n> > > (a) for an appeal—the appeal is taken to have been dismissed by the Court, or\n> > \n> > > (b) for an application for leave to appeal—the application is taken to have been refused by the Court.","sortOrder":89},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":102},{"sectionNumber":"6","sectionType":"section","heading":"Review of certain decisions of Registrar","content":"#### 6 Review of certain decisions of Registrar\n\n6.1 Review of certain decisions of Registrar\n\n> > (1) This rule applies if—\n> > \n> > > (a) a provision of these Rules provides the Registrar may exercise a specified power of the Court, and\n> > \n> > > (b) an application is made to the Registrar to exercise the power (a registrar application), and\n> > \n> > > (c) the Registrar grants or refuses the application.\n> \n> > (2) The Registrar is to refer a registrar application to the Court for review at the request of a relevant party.\n> \n> > (3) A request to refer a registrar application to the Court for review must be made within 21 days after the Registrar grants or refuses the registrar application, but no later than 7 days before the hearing of the proceedings in which the application is made.\n> \n> > (4) On a review of a registrar application, the Court may—\n> > \n> > > (a) confirm the decision of the Registrar to grant or refuse the application, or\n> > \n> > > (b) if the Registrar has refused the application—exercise the power sought in the application, or\n> > \n> > > (c) if the Registrar has granted the application—\n> > > \n> > > > (i) set aside the Registrar’s decision, or\n> > > \n> > > > (ii) set aside the Registrar’s decision and make another decision in substitution for the Registrar’s decision.\n> \n> > (5) The Court may determine a review of a registrar application on the papers.\n> \n> > (6) The power of the Court to conduct a review under this rule is prescribed for the 1912 Act, section 22(1)(l) as a power of the Court that may be exercised by a designated Judge.\n> \n> > (7) In this rule—\n> > \n> > relevant party, in relation to a registrar application, means—\n> > \n> > > (a) a party to the application, or\n> > \n> > > (b) a party to the proceedings in which the application is made.","sortOrder":103}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"These 2021 Rules replace the repealed Criminal Appeal Rules without materially expanding the original scope of regulating practice and procedure for appeals, applications for leave to appeal, stated cases, guideline judgments and related matters under the Criminal Appeal Act 1912 and associated statutes. Updates focus on modernisation (electronic filing, email service) and clarification rather than substantive broadening of jurisdiction or powers."},"complexity_factors":["Six main Parts with 28 Divisions and numerous sub-divisions covering preliminary matters, documentation, commencement, conduct, resolution and miscellaneous provisions","Heavy cross-referencing to the Criminal Appeal Act 1912 (referred to as 'the 1912 Act'), the Criminal Procedure Act 1986, the Crimes (Appeal and Review) Act 2001, the Crimes (Sentencing Procedure) Act 1999, the Interpretation Act 1987, the Evidence (Audio and Visual Links) Act 1998 and the Uniform Civil Procedure Rules 2005","Detailed conditional rules on filing and service (e.g. rule 2.3(6)–(7) time rules for post and email; rule 2.5(3) special protected-confider rules)","Multiple references to 'approved forms' that must be used, with specific content and signing requirements throughout (rules 3.1, 3.5, 4.13 etc.)","Nested provisions for expert witnesses that import the entire expert code from the Uniform Civil Procedure Rules (rule 4.5) plus conference and joint-report mechanics (rule 4.6)","Transitional and savings provisions plus specific repeal of rules 6.3 and 6.4 the day after commencement"],"plain_english_summary":"**What these rules do**\n\nThese rules set out the step-by-step procedures for handling criminal appeals in the Supreme Court of New South Wales. They explain exactly how someone must start an appeal (by filing a 'notice of intention to appeal' or a 'notice of appeal'), how to send official papers to the other side, how to get copies of trial transcripts and evidence, how witnesses (including experts) must behave, and how the court ultimately decides or ends an appeal.\n\n**Who they affect**\n\n- People convicted of crimes who want to appeal their conviction, sentence, or certain court decisions.\n- Prosecutors who want to appeal a sentence they think is too light.\n- Lawyers representing anyone in these appeals.\n- Court staff, including the Registrar, who manage filing, service, and records.\n- Experts asked to give opinions in appeal cases.\n\n**Why they matter**\n\nWithout clear rules, appeals could become chaotic, delayed, or unfair. These rules ensure everyone follows the same process, with strict timelines (for example, 3 months for most appeals by convicted people, 28 days for prosecutor sentence appeals), ways to fix mistakes (the court can 'dispense with' a rule if it makes sense), and practical help for people in prison. They promote efficiency while protecting the right to a fair appeal."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata only, there is no evidence of scope change. The Rules appear to have been made and commenced as intended, with a minor administrative amendment between 27 April 2021 and 2 May 2021. The Rules remain in force as of the access date (April 2026), suggesting they continue to operate within their original intended scope."},"complexity_factors":["Procedural rules require understanding of court processes and legal timelines","Interacts with parent legislation (Supreme Court Act, Criminal Appeal Act) not visible in this extract","Different rules may apply depending on the type of appeal (conviction vs sentence, Crown vs defence appeal)","Technical legal formatting requirements for court documents can be difficult for self-represented litigants","Score is moderated downward because the actual substantive provisions were not included in the provided text — only metadata is visible"],"plain_english_summary":"## Supreme Court (Criminal Appeal) Rules 2021 (NSW)\n\n**What is this?**\nThis is a set of procedural rules (think: the instruction manual) that governs how criminal appeals are run in the NSW Supreme Court's Court of Criminal Appeal. It tells lawyers, defendants, and prosecutors *how* to bring or respond to an appeal against a criminal conviction or sentence.\n\n**Who does it affect?**\n- People who have been convicted of a crime and want to challenge that conviction or their sentence\n- Prosecutors who may appeal against sentences they believe are too lenient\n- Lawyers representing parties in criminal appeals\n- The NSW Supreme Court itself\n\n**Why does it matter?**\nWithout clear procedural rules, the appeal process would be chaotic. These rules set out things like deadlines for filing documents, what paperwork is required, and how hearings are conducted. Getting these steps wrong can mean an appeal is thrown out before it's even heard — which could mean someone stays wrongly convicted, or a dangerous offender walks free on a technicality.\n\n**Note:** Based on the document provided, only the metadata and status information of the Rules are visible — the actual substantive content (the specific rules themselves) was not included in this extract. The analysis above is based on what this type of legislation typically contains."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Rule 6.2 preserves the effect of acts, matters or things that had effect under the repealed Criminal Appeal Rules by taking them to have effect under these Rules; two specific historical rules (6.3 and 6.4) are recorded as repealed (rule 1.2(2)). On the face of the text supplied, the instrument carries forward and restates procedural controls rather than expanding or narrowing scope materially; it preserves continuity of existing effects while updating procedure and record-keeping (see rule 6.2)."},"complexity_factors":["Numerous cross-references to other statutes and to the 1912 Act and Interpretation Act, requiring readers to consult multiple sources (see rule 1.3 and many provisions citing the 1912 Act).","Multiple decision-makers with layered discretion (the Court, designated Judges, the Registrar, trial court registrars and transcription agencies) and formal review routes (rules 1.4; 4.8; 6.1).","Detailed procedural requirements for filing, service and proof of service with prescribed content and formalities (rule 2.3; rule 2.11).","Specialised rules for evidence and expert witnesses, including code compliance, conferences, and restrictions on adducing inconsistent expert evidence (rules 4.2–4.6).","Interplay between electronic and hard-copy filing/service with conditional permissions and default rules (rule 2.3(2)–(3); rule 2.5(1)(d); rule 2.5(4)).","Transitional and savings provisions preserving prior rule effects while noting specific repeals, which require attention when comparing prior practice (rules 6.2; 1.2(2))."],"plain_english_summary":"What these Rules do, mechanically:\n\n- They set step-by-step procedures for criminal appeals and related applications in the Supreme Court: how to start an appeal, what documents to file, how to serve them, time limits for notices, how transcripts and trial court files are accessed, and how appeals are finally disposed of (see rules 3.1–3.7; 2.3; 2.20–2.21; 5.2–5.6).\n- They require use of approved forms for most court documents and give the Chief Justice the power to approve and publish those forms (rules 2.1–2.2).\n- They specify how documents are filed (including limited email filing), when a lodged document is taken to be filed, and when a Registry officer may refuse to accept a document (rule 2.3). Filed documents must be entered into the Court’s computerised record system (rule 2.4).\n- They set out acceptable methods and evidentiary requirements for service of documents (personal service, post, leaving with an adult at an address, email with consent, service on corporations, and special rules for protected confiders and inmates). They require sworn statements of service with prescribed content (rules 2.5; 2.7; 2.9; 2.11; 2.13).\n- They give the Court broad powers to depart from these Rules in particular cases and to give directions when the Rules are silent (rules 1.4–1.5). The Registrar is given a number of specified Court powers and may exercise them subject to review by the Court (rules 4.8; 6.1).\n- They govern access to trial transcripts, exhibits and files for appeals, including conditions on providing the trial judge’s judgment transcript (rules 2.20–2.22; 2.21).\n- They regulate evidence procedures on appeal: orders for witnesses, expert witness obligations (including an expert code of conduct and a requirement for written acknowledgements), expert conferences and limits on adducing inconsistent expert evidence (rules 4.2–4.6).\n- They prescribe procedural steps for stated cases, applications under the Crimes (Appeal and Review) Act 2001 and guideline judgments (rules 3.8–3.14; 3.11–3.12).\n- They provide remedies and consequences: how an appellant may abandon proceedings, how orders are entered, how orders may be set aside or varied, suspension of monetary orders pending appeal, refund entitlements for successful appellants, and rules about continued custody when a retrial or re-sentencing is ordered (rules 5.1–5.10; 3.19; 5.8).\n- Transitional and savings rules preserve the effect of acts under the prior Criminal Appeal Rules; two historical rules (6.3 and 6.4) are noted as repealed (rule 6.2; rule 1.2(2)).\n\nWho this affects (directly and materially):\n\n- Appellants and respondents in criminal appeals and persons filing related applications (rules 3.1–3.7; 5.1);\n- Australian legal practitioners who act for those parties (rules 2.14–2.18);\n- The Registrar and Registry officers, who accept, enter, refuse and arrange service of documents and exercise particular Court powers (rules 2.3–2.4; 2.6; 4.8; 6.1);\n- Trial judges, trial court registrars and transcription agencies who must provide and approve transcripts and receive notices (rules 2.20–2.21; 3.4; 3.16);\n- The Director of Public Prosecutions, Legal Aid Commission and other official agencies identified for notices or assistance (rules 3.4; 3.17; 3.7(1)(b));\n- Witnesses and expert witnesses (rules 4.3–4.6; 4.4).\n\nWhy it matters (official purpose-claims and practical testing against costs, incentives and trade-offs):\n\n- Officially, the Rules set a consistent procedural framework for criminal appeals in the Supreme Court (see the instrument-title and provisions throughout Part 3). That claim is supported by many detailed provisions establishing forms, time limits, filing and service processes (rules 2.1–2.3; 3.1–3.6). \n\n- Compliance burden and operational costs: parties must use approved forms and meet filing and service requirements (rules 2.1–2.3; 2.5). Proof-of-service statements have prescribed contents and formalities (rule 2.11), which increases the paperwork burden on litigants and their agents. Transcripts of a trial judge’s judgment require the judge’s approval before release (rule 2.21), a procedural gate that may delay access to that document. Witnesses required to attend under a witness order are entitled to set allowances and an application process is specified (rule 4.4); those payments are made according to a published scale and the initiating party or Registrar must lodge the application, so there is an administrative and cost implication for parties and the registry.\n\n- Choice and efficiency effects: electronic filing and service are permitted in limited situations (notice of intention to appeal and similar items may be filed by email (rule 2.3(2)); email service requires consent unless the Court orders otherwise (rule 2.5(1)(d) and 2.5(4)). The default remains hard-copy filing (rule 2.3(3)), preserving traditional processes but limiting immediate efficiency gains unless the Court or Registrar orders otherwise.\n\n- Bureaucratic discretion and oversight: the Court may dispense with or vary requirements in particular cases and give directions where the Rules are silent (rules 1.4–1.5). The Registrar is explicitly empowered to exercise certain Court powers (rule 4.8) but decisions by the Registrar on such matters can be referred to the Court for review within specified time limits (rule 6.1). That creates concentrated decision-making power in registry staff with a formal internal review route for parties (rule 6.1(2)–(4)).\n\n- Incentives and litigation strategy effects: the Rules limit certain grounds of appeal where no trial objection was taken (rule 4.15). Experts are required to accept an expert code of conduct in writing before their reports can be used or their oral evidence received (rule 4.5). The Court can order experts to confer and produce joint reports, and a party may be prevented from adducing expert evidence inconsistent with agreed matters without leave (rule 4.6(1), (7)). These rules alter litigation incentives about how and when objections are taken, how experts are engaged, and the strategic value of developing new grounds on appeal (rules 4.13–4.15).\n\n- Who pays: the Rules create a mix of private and public cost-bearers. Parties bear compliance costs (preparing approved forms, serving documents, obtaining transcripts except where the registry/trial court provides them) and may pay witness expenses where applicable (rule 4.4). The state (through the Registrar, trial court registrar, DPP and transcription agencies) bears administrative costs for maintaining records and providing copies when requested (rules 2.4; 2.20–2.21; 3.16; 3.17). Successful appellants are entitled to repayment of penalties or costs ordered by the trial court unless the Court orders otherwise (rule 5.8), which allocates some financial consequence back to public funds or the original payee depending on context.\n\n- Implementation risks and timing trade-offs: several provisions create potential delay points — Registry acceptance and entry (rule 2.3(5)–(9)), transcript approval by trial judges (rule 2.21), Registrar review windows (rule 6.1(3)) and requirements for formal proof of service (rule 2.11). Those steps strengthen formal controls but can delay proceedings if not managed to timetable.\n\nConcrete mechanisms to watch (with section citations):\n\n- Standardisation by approved forms (Chief Justice power) (rules 2.1–2.2).\n- Registrar’s operational role and specified delegated powers, and the right to seek Court review of Registrar decisions (rules 4.8; 6.1).\n- Mandatory formal proof-of-service statements and the evidential presumptions they create (rule 2.11; rule 2.13 for DX service timing).\n- Expert witness accreditation to a code and limits on later adducing inconsistent expert evidence (rules 4.5–4.6).\n- Time limits and consequences for notices of intention to appeal and notices of appeal (rules 3.1–3.6). \n\nBottom line: these Rules operationalise how criminal appeals proceed in the Supreme Court by prescribing forms, filing and service methods, registry practices, time limits, evidence and expert procedures, and internal review routes for Registrar decisions. The rules concentrate procedural decision-making with the Court and Registrar while imposing paperwork and evidentiary formalities on parties, and they retain several formal safeguards (trial judge approval for judgment transcripts, review of Registrar decisions) that can affect timing and access to documents (see rules 2.1–2.4; 2.11; 2.20–2.21; 4.8; 6.1)."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-criminal-appeal-rules-2021","history":"/api/acts/supreme-court-criminal-appeal-rules-2021/history","analysis":"/api/acts/supreme-court-criminal-appeal-rules-2021/analysis","conflicts":"/api/acts/supreme-court-criminal-appeal-rules-2021/conflicts","importantCases":"/api/acts/supreme-court-criminal-appeal-rules-2021/important-cases","documents":"/api/acts/supreme-court-criminal-appeal-rules-2021/documents"}}