Victorian Consolidated Regulations

SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008 - SECT 2.15.

Procedure

2.15. Procedure



(1) If a person who has been convicted and sentenced to pay a fine and in
default of payment sentenced to imprisonment intends to appeal to the Court of
Appeal-

   (a)  on grounds of law alone; or

   (b)  pursuant to a certificate of the trial judge given under section
        567(b) of the Act-

paragraphs (2) and (3) of this Rule apply.

(2) If this paragraph and paragraph (3) apply-

   (a)  the person convicted and sentenced shall inform the trial judge of the
        intention to appeal;

   (b)  the trial judge may, if of opinion that it is appropriate, order the
        intending appellant immediately to enter into a recognizance in Form
        6-2K, with or without sureties, to prosecute the appeal;

   (c)  the person convicted and sentenced shall within 14 days after the
        conviction and sentence file a notice of appeal in accordance with
        this Order; and

   (d)  the person convicted and sentenced shall, if necessary, file an
        application for extension of time.

(3) If the intending appellant fails to comply with paragraph (2)(c), the
Registrar shall report the failure to the Court of Appeal which may, after
notice has been given to the intending appellant and any sureties-

   (a)  order forfeiture of the recognizances and payment of the amount of the
        recognizances to the Registrar immediately;

   (b)  issue a warrant for the arrest of the intending appellant;

   (c)  order the imprisonment of the intending appellant in default of
        payment of the fine; and

   (d)  make any other order it thinks appropriate.

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PART 4-PROCEDURES