CRIMINAL APPEALS ACT 2004 - SECT 28

CRIMINAL APPEALS ACT 2004 - SECT 28

28 .         Commencing an appeal

        (1)         An appeal under this Part must be commenced and conducted in accordance with this Part and rules of court.

        (2)         An appeal under this Part must be commenced by lodging with the Court of Appeal an application for leave to appeal.

        (3)         An appeal under this Part against a decision or judgment cannot be commenced later than 21 days after the date of the decision or judgment unless the Court of Appeal orders otherwise.

        (4)         If the date on which a person is sentenced for an offence is not the date on which the person is convicted of the offence, the time in subsection (3) for an appeal against either the conviction or the sentence or both runs from the date of sentencing.

        (5)         On commencing an appeal, the appellant must serve a copy of the application for leave to appeal on —

        [(a)         deleted]

            (b)         the other party or other parties to the proceedings before the trial court.

        (6)         The Court of Appeal may at any time order the appellant to serve a copy of the application for leave to appeal on any other person the court thinks fit.

        (7)         As soon as practicable after it is served under subsection (5), the District Court must give the exhibits in the case to the Court of Appeal.

        [Section 28 amended: No. 5 of 2008 s. 27.]