A ‘Notice of Intention to Appeal’
must be filed within 28 days of the date of the order being made. This means
that if the ‘Notice of Intention to Appeal’ is NOT filed within this timeframe,
then the court may exercise its discretion and extend time under which
the ‘Notice of Intention to Appeal’ is required to be filed so that the
appellant is not denied of any opportunity to appeal.
If a person fails to file, the Notice
of Intention to Appeal within the 28-day timeframe then the person will also be
required to file a ‘Notice of Application for Extension of Time for Notice of
Intention to Appeal.’
After a Notice of Intention to Appeal
is filed then a ‘Notice of Appeal’ must be filed within six (6) months. When
filing the ‘Notice of Appeal’ the appellant must also file the following
documents which include:
i.
Submissions on appeal; and
ii.
Grounds of Appeal; an
iii.
Certificate under to rule 23C of the
Criminal Appeal Rules (this is a signed certification that the exhibits and the
transcripts are available from the District Court or the Supreme Court.
Once those documents are filed, the
Office of the Director of Public Prosecutions will then be required to file
their submissions in response to the Appeal.
Once the relevant Appeal
Documentation has been filed and the matter is listed for Call Over, at the
Call Over, the court will make timetable orders specifying the time in which the
Appeal Books (containing transcripts as well as the evidence with respect to
the initial matter) must be filed.
It is very important that you speak
with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced solicitors are
there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects
the Laws of NSW as at 30th August 2022.
*Please
note that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered
as a substitute for legal advice or even other professional advice. It should
also be noted that accessing of this information from this website does not create a client-lawyer
relationship.