344Abandonment of appeal

344 Abandonment of appeal

(1) Subject to subsections (3) and (4), an appeal to the County Court or the Supreme Court may be abandoned by filing a notice of abandonment of appeal with—

(b) in the case of the Supreme Court, with the Prothonotary or the Registrar of Criminal Appeals, as the case requires.

(2) A notice of abandonment of appeal must be in the form required by the rules of the appellate court.

(3) If an appellant appeals against both conviction and sentence but does not pursue the appeal against conviction, the appellant must give written notice that the appeal against conviction is abandoned—

(a) to the appellate court; and

(b) to the respondent.

(4) An appellant who has been sentenced to a term of detention in a youth justice custodial centre but is not in custody may abandon the appeal by—

(a) surrendering to the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires); and

(b) immediately filing a notice of abandonment of appeal in accordance with subsections (1) and (2).

(5) If an appellant surrenders to the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals in accordance with subsection (4), the registrar, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) may issue a warrant to detain the child in a youth justice custodial centre.

(6) If an appellant abandons an appeal, the appellate court must strike out the appeal.

(7) The appellate court may not set aside an order under subsection (6).

(8) If an appeal is struck out under subsection (6)—

(a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been made 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, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must give a copy of the order striking out the appeal to the respondent or to the respondent's legal practitioner; and

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