78Procedure on appeal from Magistrates' Court to appropriate court

78 Procedure on appeal from Magistrates' Court to appropriate court

(1) The registrar must record in the register the filing of a notice of appeal under section 255, 258 or 261 of the Criminal Procedure Act 2009.

(2) When a notice of appeal is filed the registrar must contact the appropriate court to obtain a date of hearing for the appeal.

(3) The registrar must recall and cancel any process in relation to the sentence to which the appeal relates, subject to section 29 of the Road Safety Act 1986.

(4) If bail pending appeal is granted under section 265 of the Criminal Procedure Act 2009 the registrar must recall and cancel any process in relation to a custodial sentence to which the appeal relates.

(5) The registrar must forward the following to the appropriate court when a notice of appeal is filed—

(a) a copy of the notice of appeal filed;

(b) the charge-sheet;

(c) the undertaking of bail by the appellant and surety, if any;

(d) the affidavit of justification or declaration of justification made by the surety for bail, if any;

(e) the certified extract of the Court order;

(f) the exhibit sheet and witness cost sheet;

(g) the address and telephone number of the Court where the sentence or conviction was made.

(6) A copy of the charge-sheet, undertaking of bail, affidavit of justification or declaration of justification made by the surety for bail, exhibit sheet, witness cost sheet and the digital recording of the proceeding that imposed the sentence must be retained by the registrar in a Court file.

(7) The registrar must forward a copy of the notice of appeal, certified extracts of the Court order, and the notification of appeal to the DPP when an appeal is commenced under section 255 of the Criminal Procedure Act 2009.

Refer to the County Court Rules or the Supreme Court Rules for prescribed forms relating to appeals and how an appeal may be abandoned.