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Criminal Code Act 1983
426Duties of Registrar
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426 Duties of Registrar
(1) The Registrar shall take all necessary steps for obtaining a hearing
of any appeals or applications, notice of which is given to him and
shall obtain and lay before the Court in proper form all documents,
exhibits and other things relating to the proceedings in the court of
trial that appear necessary for the proper determination of the
appeal or application.
(2) If it appears to the Registrar that any notice of appeal or of
application for leave to appeal against a finding of guilt or sentence
does not show any substantial ground of appeal, he may refer the
appeal or application to the Court for summary determination; and
the Court may thereupon, if it considers that the appeal or
application is frivolous or vexatious, dismiss the appeal or refuse
the application summarily without calling upon any person to attend
the hearing.
(3) The Registrar shall furnish the necessary forms and instructions in
relation to notices of appeal or notices of application to any person
who demands the same and to officers of courts, the Commissioner
of Correctional Services and to such other officers or persons as he
thinks fit and the Commissioner of Correctional Services shall
cause such forms and instructions to be placed at the disposal of
prisoners desiring to appeal or to make any application and shall
cause any such notice given by a prisoner in his custody to be
forwarded on behalf of the prisoner to the Registrar.
(4) Where an appellant is in custody, the Registrar shall give
reasonable notice to him in writing:
(a) that if he wishes to appear in person at the Court he must
seek the leave of the Court;
(b) that he may make such application for leave to appear in
writing and may present his argument in support of such
application in writing;
(c) that he may present his argument with respect to his appeal,
application for leave to appeal or any proceedings preliminary
or incidental thereto in writing;
Criminal Code Act 1983 317
(d) of the date of the sittings of the Court during which it is
expected his appeal or application for leave to appeal will be
heard; and
(e) of the result of any proceedings preliminary or incidental to his
appeal or application for leave to appeal given when he was
not present.
(5) Where a respondent to a Crown Law Officer's appeal is in custody,
the Registrar shall give reasonable notice to him in writing:
(a) that he may himself appear on the hearing of the appeal if he
is not represented by counsel;
(b) that he may present his argument with respect to the appeal
or any proceedings preliminary or incidental thereto in writing;
(c) of the date of the sittings of the Court during which it is
expected the appeal will be heard; and
(d) of the result of any proceedings preliminary or incidental to the
appeal given when he was not present.