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.


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