sec.88Duties of registrar

sec.88 Duties of registrar

This rule applies if the registrar— receives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and the registrar considers the notice shows a substantial ground of appeal. If the trial prosecutor was a Crown law officer or a Crown prosecutor, the registrar must give to the Crown law officer written notice of the appeal. If the trial prosecutor was the private prosecutor, the registrar must ask the private prosecutor or the private prosecutor’s lawyer whether the private prosecutor intends to undertake the defence of the appeal. If the private prosecutor declines to undertake the defence, the registrar must give written notice to the Crown law officer that the private prosecutor has declined to undertake the defence of the appeal. (sec.88-ssec.1) This rule applies if the registrar— receives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and the registrar considers the notice shows a substantial ground of appeal. (sec.88-ssec.2) If the trial prosecutor was a Crown law officer or a Crown prosecutor, the registrar must give to the Crown law officer written notice of the appeal. (sec.88-ssec.3) If the trial prosecutor was the private prosecutor, the registrar must ask the private prosecutor or the private prosecutor’s lawyer whether the private prosecutor intends to undertake the defence of the appeal. (sec.88-ssec.4) If the private prosecutor declines to undertake the defence, the registrar must give written notice to the Crown law officer that the private prosecutor has declined to undertake the defence of the appeal.

• (a) receives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and
• (b) the registrar considers the notice shows a substantial ground of appeal.