New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 10

10 Method and time for making appeal

(1) The following provisions apply to an appeal, or application for leave to appeal, under this Act against a person's conviction or sentence--

(a) The person is required to give the court, in accordance with the rules of court, notice of intention to appeal, or notice of intention to apply for leave to appeal, within 28 days after the conviction or sentence.

(b) The court may, at any time, extend the time within which the notice under paragraph (a) is required to be given to the court or, if the rules of court so permit, dispense with the requirement for such a notice.

(c) The appeal, or application for leave to appeal, is to be made in accordance with the rules of court, which may include--

(i) provision with respect to any statement of grounds of appeal, transcripts, exhibits or other documents or things to accompany the appeal or application, and

(ii) provision with respect to the timely institution and prosecution of the appeal or application, and

(iii) provision with respect to the period during which the notice under paragraph (a) has effect.

(2) For the purposes of any other Act or statutory instrument (whether enacted or made before or after the commencement of this subsection)--

(a) the period provided for making or lodging an appeal or notice of appeal to the court against a conviction or sentence is taken to be the period for giving the court notice of intention to appeal or notice of intention to apply for leave to appeal, or

(b) an appeal against a conviction or sentence is taken to be pending in the court if notice of intention to appeal or apply for leave to appeal has been duly given to the court (unless the appeal or application has not been made within any time it is required to be made by the rules of court).