16Notice of appeal

16 Notice of appeal

(1)  A copy of a notice of appeal, notice of application for leave to appeal or notice of application for extension of time within which either of those notices may be given is to be served upon the respondent and 3 copies of the notice are to be lodged at the office of the Registrar.

(1A)  [Rule 16 Subrule (1A) inserted by S.R. 2023, No. 11, Applied:26 Apr 2023] A notice of appeal or notice of application for leave to appeal is to set out numbered grounds of appeal.

(2)  As soon as practicable after service on the respondent of a notice of appeal or a notice of application for leave to appeal, the appellant is to lodge, or cause to be lodged, at the office of the Registrar proof of the service of the notice.

(3)  For the purposes of subrule (2) , proof of service may be provided by –

(a) an affidavit or an acknowledgment of service signed by a legal practitioner; or

(b) such other means as the Registrar considers sufficient.

(4)  Any notice required or authorised by the Code or by these rules may be signed by the person giving the notice or by his or her legal practitioner.

(5)  A notice required to be given to the Court of Criminal Appeal is to be addressed to the Registrar, Court of Criminal Appeal, Hobart.

(6)  [Rule 16 Subrule (6) inserted by S.R. 2023, No. 11, Applied:26 Apr 2023] The appellant may make application for leave to amend the grounds of appeal forming part of a notice of appeal or notice of application for leave to appeal.

(7)  [Rule 16 Subrule (7) inserted by S.R. 2023, No. 11, Applied:26 Apr 2023] On receiving an application made under subrule (6) , a judge, the Associate Judge or the Court of Criminal Appeal may grant leave to amend the grounds of appeal on such terms as the judge, Associate Judge or Court considers just.