341Late notice of appeal taken to be application for leave to appeal

341 Late notice of appeal taken to be application for leave to appeal

(1) A notice of appeal filed after the end of the period referred to in section 332 or 335 is taken to be an application for leave to appeal on the grounds stated in the notice.

(2) The appellate court may grant leave to appeal under subsection (1) and the appellant may proceed with the appeal if—

(a) the court considers that the failure to file a notice of appeal within the period referred to in section 332 or 335 was due to exceptional circumstances; and

(b) the court is satisfied that the respondent's case would not be materially prejudiced because of the delay.

(3) If the appellate court does not grant leave to appeal under subsection (2), the appellate court must strike out the appeal.

(4) If—

(a) the appellate court strikes out an appeal under subsection (3); and

(b) the appellant had been sentenced to a period of detention in a youth justice custodial centre by the Children's Court—

the registrar of the County Court or, in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires), in accordance with the Magistrates' Court Act 1989—

(c) may issue a warrant to detain the appellant in a youth justice custodial centre; and

(d) may recall and cancel that warrant.

(5) If an appeal is struck out under subsection (3)—

(a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and

(b) the registrar of the County Court or, in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and

(c) the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.