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Court Procedures Rules
5603Appeals to Court of Appeal—want of prosecution of
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5603 Appeals to Court of Appeal—want of prosecution of
this part; or
out of time) under this part, and includes a convicted person’s
application; or
(c) an application for leave to file a notice of appeal under rule 5405
(2) (Appeals to Court of Appeal—time for filing notice of
(a) a person applying for further time to apply for leave to appeal
(b) an applicant for leave to appeal (or leave to appeal out of time)
(c) the convicted person for a conviction or sentence applying for
leave to appeal under subdivision 5.4.7.2 (Appeals to Court of
Appeal—leave to appeal out of time by convicted person); or
Rule 5603
(d) an applicant for leave to file a notice of appeal under
rule 5405 (2); or
(e) a person appealing under this part.
convicted person’s application means an application under
subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out
of time by convicted person) by the convicted person for a conviction
or sentence.
(2) This rule applies if an appellant—
(a) has not done anything required to be done under these rules
during a period of 3 months after the day the requirement arises;
or
(b) otherwise has not prosecuted the appellant’s appeal with
appropriate effort during a period of 3 months after the day the
last step in the proceeding was taken.
(3) The Court of Appeal may—
(a) order that the appeal be dismissed for want of prosecution and
confirm the order appealed from; or
(b) on its own initiative, set a time for the doing of a thing required
to be done in relation to the appeal and—
(i) at the same time order that, if the appellant does not do the
thing within the time, the appeal will be dismissed for want
of prosecution and the order appealed from confirmed; or
(ii) if the appellant does not do the thing within the time—
order that the appeal be dismissed for want of prosecution
and confirm the order appealed from; or
(c) make any other order the Court of Appeal considers just.
Rule 5604
(4) A respondent may apply to the Court of Appeal to require the
appellant to show cause why the appeal should not be dismissed for
want of prosecution.
(5) On the hearing of the application, the Court of Appeal may make an
order mentioned in subrule (3).
(6) An order mentioned in subrule (3) (b) may be amended at any time
before the appeal is dismissed for want of prosecution and, in special
circumstances, may be amended or revoked after that time.