Victorian Consolidated Regulations

SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008 - SECT 2.35.

Duties of prison officers

2.35. Duties of prison officers



(1) A prison officer who has custody of a person at the time the person is
convicted on indictment shall immediately inform the person convicted that-

   (a)  the person has the right to appeal against conviction to the Court of
        Appeal on any ground of appeal which involves a question of law alone;

   (b)  if the person wishes to appeal against conviction on any other ground,
        the person may do so with the leave of the Court of Appeal or with the
        certificate of the trial judge;

   (c)  if the person wishes to appeal or to obtain leave of the Court of
        Appeal, the person must give notice of appeal or notice of application
        for leave not later than 14 days after conviction and sentence;

   (d)  if the person wishes to obtain the certificate of the trial judge, it
        must be obtained and notice of the application given not later than 14
        days after conviction and sentence; and

   (e)  if the person wishes to appeal against the sentence, the person may do
        so with the leave of the Court of Appeal and must give notice of the
        application not later than 14 days after conviction and sentence.

(2) The prison officer shall-

   (a)  inform the convicted person that, unless it is otherwise ordered, the
        person is entitled to be present at the hearing of the appeal or
        application for leave to appeal or, if it is practicable to do so, to
        attend by audio visual link;

   (b)  give the convicted person a copy of

Form 6-2P; and

   (c)  obtain from the convicted person a written acknowledgment that the
        person has received a copy of Form 6-2P and has read and understood
        it.





(3) If a convicted person expresses a wish to be present in court at the
hearing of an appeal or application or to attend by audio visual link, the
prison officer who has the custody of the person shall inform the Registrar,
who shall obtain the necessary order or make the necessary arrangements, as
the case may be.

(4) A prison officer who has custody of a convicted person shall give that
person upon request the appropriate forms under these Rules and shall also
inform the person that if desired he or she may present the case and argument
in writing instead of orally.

__________________ ORDER 3-PRISON SENTENCES (COUNTY COURT APPEALS) APPEALS
RULES