430CAbandonment of appeal

430C Abandonment of appeal

S. 430C(1) amended by No. 1/2022 s. 48(1).

(1) Subject to subsections (3) and (4), an appeal to the County Court or the Supreme Court may be abandoned by filing a notice of abandonment of appeal with the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires.

(2) A notice of abandonment of appeal must be in the form prescribed by the rules of the appellate court.

(3) If an appellant appeals against both conviction and sentence but does not pursue the appeal against conviction, the appellant must give written notice to the appellate court and the respondent that the appeal against conviction is abandoned.

(4) An appellant who has been sentenced to a term of detention in a youth residential centre or a youth justice centre but is not in custody may abandon the appeal by—

S. 430C(4)(a) amended by No. 1/2022 s. 48(2).

(a) surrendering to the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires); and

(b) immediately filing a notice of abandonment of appeal in accordance with subsections (1) and (2).

S. 430C(5) amended by No. 1/2022 s. 48(2).

(5) If a person surrenders to the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals in accordance with subsection (4), the registrar or the prothonotary (as the case requires) may issue a warrant to detain the person in a youth residential centre or a youth justice centre (as the case requires).

(6) If an appellant abandons an appeal, the appellate court must strike out the appeal.

S. 430C(6A) inserted by No. 30/2010 s. 35.

(6A) The appellate court may not set aside an order under subsection (6).

(7) If an appeal is struck out under subsection (6)—

(a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been made but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and

S. 430C(7)(b) amended by No. 1/2022 s. 48(2).

(b) the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires) must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and

(c) the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.

S. 430D inserted by No. 68/2009 s. 69.