New South Wales Consolidated Regulations

CRIMINAL APPEAL RULES

- Made under the Supreme Court Act 1970
- As at 21 September 2018
- Reg 02 of 1952

TABLE OF PROVISIONS

   1.      Name of Rules and interpretation
           Forms
   2.      Forms
           Electronic case management
   2A.     Definitions
   2B.     Registration of users
   2C.     Electronic filing of documents
   2D.     Written record to be kept of direction to e-file document
   2E.     Electronic issuing of a document
   2F.     Electronic service of a document
   2G.     Use of ECM system in business conducted in the absence of the public
           Notices relating to appeals
   3.      Notices to be signed
   3A.     Duration of notices of intention
   3B.     Time for filing notice of appeal or notice of application for leave to appeal
   3C.     Registrar may exercise certain powers of Court
   4.      Exclusion of certain matters as grounds for appeal etc
   5.      Signing of notices by solicitor or agent
           Appeals under section 5AA of the Act
   5A.     Appeals under section 5AA of the Act
           Appeals etc under sec 5F (3) of the Act
   5B.     Appeals etc under sec 5F (3) of the Act
           Shorthand-writers and transcript of notes
   6.      Matters to be included in shorthand notes
   7.      Notes to be signed by Shorthand-writer
   8.      Transcripts
   8A.     Copy of summing up and remarks on sentence
   9.      (Repealed)
           Certificate of Judge of Court of Trial
   10.     Certificate of trial Judge
   11.     (Repealed)
   11A.    Form of certificate
   12.     Custody etc of exhibits
           Appeals where sentence directs payment of fine
   13.     Debtor in custody deemed a person sentenced
   14.     Refund of penalty or costs paid
   15.     Suspension of penalty or costs pending appeal
   15A.    Appellant to be notified of terms or conditions
   16.     Recognisances to be forwarded to Registrar
           Orders of restitution and persons affected thereby
   17.     Orders of restitution and persons affected thereby
           Orders for safe custody of property
   18.     Orders for safe custody of property
           Certificates of conviction
   19.     Certificates of conviction
           Notes and report of Judge of Court of Trial
   20.     Notes and report of Judge of Court of Trial
   21.     Registrar to furnish copy of notice of appeal etc to Judge of Court of Trial
   22.     Copies of Judge's report to be given to certain persons
           Notice of appeal
   23.     Notice of intention to appeal against conviction or sentence
   23A.    Notice of appeal against conviction or sentence
   23B.    Notice of appeal against interlocutory judgment or order
   23C.    Documents to accompany notice of appeal or notice of application for leave to appeal
   23D.    Effect of incomplete notice of appeal or leave to appeal
   23E.    Notice of Crown appeal
   24.     Requirement to complete form of notice of appeal etc
   24A.    Registrar to forward copy of notices
   24B.    Proper officer of Court of Trial to obtain shorthand notes and exhibits
           Documents to be furnished to Registrar
   25.     Documents to be furnished to Registrar
           Further grounds of appeal
   25A.    Further grounds of appeal
           Application for leave to appeal
   26.     Application for leave to appeal
           Abandonment of appeal
   27.     Abandonment of appeal
           Extension of time
   28.     Extension of time for appeal
           Submission of question of law
   29.     Submission of question of law
   30.     Copy of submission to parties etc
   31.     Determination etc by Court to be notified by Registrar
           Crimes (Administration of Sentences) Act 1999
           31A-31E. (Repealed)
           Proceedings before Judge of Court
   32.     Notification to appellant of Judge's decision
   33.     Effect of refusal of application
   34.     Leave for presence of appellant at hearing
   35.     Procedure on application for leave to be present at hearing
   36.     Certain persons to be notified if application granted
   36A.    Exemption
           Notification of appeal to Attorney-General
   37.     Notification of appeal etc to Attorney-General
           38-41. (Repealed)
           Inquiry as to sureties
   42.     Inquiry as to sureties
           Recognisances
   43.     Recognisances
   44.     (Repealed)
   45.     Forfeiture of recognizance
   46.     Failure of appellant to appear at hearing
   46A.    Issue of warrant
   47.     Power of Court
   48.     Notice to Registrar of committal to prison
   49.     Notice to Court of committal to prison
           Inspection of exhibits
   50.     Inspection of exhibits
           Determination of appeals and applications
   50A.    Determination of appeal or application
   50B.    Entry of order disposing of appeal or application
   50C.    Power to set aside or vary order
           Notifying results of appeal
   51.     Notice of determination of appeal etc
   52.     Notice of orders or directions by Court
   53.     (Repealed)
   54.     Depositions etc to be returned
           New trial
   55.     New trial
   56.     (Repealed)
   57.     Time spent on bail or in custody not part of term
           58, 59. (Repealed)
           Witnesses before Court of Appeal
   60.     Service of order for witness to attend before Court
   61.     Order for witness to attend before Examiner
   62.     Registrar to furnish certain documents etc to Examiner
   63.     Notice to witness of time appointed for examination
   64.     Evidence to be given on oath
   65.     Depositions
   66.     Witness's expenses
   67.     Parties to examination
   67A.    Evidence by audio-visual method or by telephone
           References to Commissioners
   68.     Reference to Commissioner
   69.     Power of Court re reference
           Cause lists
   70.     Notices of appeal etc to be entered in register
   71.     Parties to be notified where appellant in custody
           Service of orders and notices
   72.     Service of orders for production of documents etc or for attendance of witness
   73.     Service by police officer
   74.     Service by post
   75.     Time of service of notice of appeal or application
           Non-compliance with rules
   76.      Non-compliance with rules
           Matters not provided for
   77.     Matters not provided for
           Petitions etc
   78.     Petitions under section 474C (1) of the Crimes Act 1900
   78A.    References and applications under sections 474H (2) and 474J of the Crimes Act 1900
           Payment of expenses under section 17
           79. Registrar's certificate of expenses
   80.     Review of amount of expenses
   81.     Notice of time and place appointed for review
   82.     Amendment of certificate of expenses
   83.     Payment of expenses
           Sittings of the Court
   84.     Sittings
           Short reasons for decision
   85.     Short reasons for decision
   86.     Application for guideline judgment
   87.     Discontinuance of application
           Forms