23Appeals as of right

#### 23 Appeals as of right 23 Appeals as of right > > (1) The Director of Public Prosecutions may appeal to the District Court against a sentence imposed on a person by the Local Court in any of the following proceedings— > > > > > (a) proceedings for any indictable offence that has been dealt with summarily, > > > > > (b) proceedings for any prescribed summary offence (within the meaning of the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207)), > > > > > (c) proceedings for any summary offence that has been prosecuted by or on behalf of the Director of Public Prosecutions. > > > (2) The prosecutor may appeal to the District Court against— > > > > > (a) any order for costs made by a Judge of the Local Court against the prosecutor in respect of committal proceedings taken by the prosecutor, or > > > > > (b) any order for costs made by the Local Court against the prosecutor in respect of summary proceedings taken by the prosecutor. > > > (3) An appeal against a sentence or an order for costs must be made within 28 days after the relevant sentence is imposed or the order for costs is made. > > > (4) Despite subsection (3), an appeal may be lodged more than 28 days after the relevant sentence is imposed if— > > > > > (a) the sentence has been reduced on the defendant’s undertaking to assist law enforcement authorities (as referred to in section 23 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092)), and > > > > > (b) the defendant has failed, whether wholly or partly, to fulfil the undertaking. > > **s 23:** Am 2007 No 94, Sch 2; 2013 No 80, Sch 2 \[2\]; 2025 No 61, Sch 2.25\[1\].