345Appellant's failure to appear

345 Appellant's failure to appear

(1) If an appellant (other than the DPP) fails to appear at the time listed for the hearing of the appeal, the appellate court may—

(a) strike out the appeal; or

(b) adjourn the proceeding on any terms that it considers appropriate.

(a) the appellate court strikes out an appeal under subsection (1)(a); 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, 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 person in a youth justice custodial centre; and

(d) may recall and cancel that warrant.

(3) If an appeal is struck out under subsection (1)(a)—

(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, 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.

(4) At any time, the appellate court may set aside an order striking out an appeal because of the failure of the appellant to appear if the appellant satisfies the court that the failure to appear was not due to fault or neglect on the part of the appellant.

(5) An application under subsection (4) to set aside an order may be made at any time on written notice to the respondent served a reasonable time before the making of the application.

(6) Notice under subsection (5) must be served in the same way as a notice of appeal.

(7) If the appellate court grants an application under subsection (4), the court—

(a) must order the reinstatement of the appeal subject to the payment of any costs that the court considers appropriate; and

(b) may require the appellant to give a further undertaking to proceed with the appeal.

(8) An application under section 343 for bail pending the reinstated appeal may be made to the County Court or the Supreme Court (as the case requires).

(9) On the reinstatement of an appeal under subsection (7), the appeal operates as a stay of the sentence, but not a conviction in respect of the sentence, when—