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Practice Note No. 123
REPEALED Practice Note No.123 - Court of Criminal Appeal
PRACTICE NOTE No 123
COURT OF CRIMINAL APPEAL
Notices of Intention to Appeal
1. The purpose of this Practice Note is to specify procedures to be followed upon commencement of provisions enabling the filing of a notice of intention to appeal or a notice of intention to apply for leave to appeal.
2. Any person intending to appeal against a conviction or sentence may send the appropriate notice to the Registrar. The Registrar will acknowledge receipt of the notice and require the intending appellant to provide information as to legal representation and an address to which a copy of the transcript and exhibits from the proceedings in the Court of Trial may be forwarded.
3. The Proper Officer of the Court of Trial, upon the request of an intending appellant or the solicitor acting for the intending appellant, will arrange for the supply of a copy of the transcript and exhibits from the trial and/or sentence proceedings.
4. Details of the Proper Officers of the relevant Courts of Trial are:-
Supreme Court
The Registrar
Supreme Court Criminal Registry
Level 4 Law Courts Building
Queens Square
SYDNEY NSW 2000
(DX 829 SYDNEY)
Land and Environment Court
The Registrar
Land and Environment Court
225 Macquarie Street
SYDNEY NSW 2000
(DX 264 SYDNEY)
District Court
The Registrar
District Court Criminal Registry
Level 3 Downing Centre
143-147 Liverpool Street
SYDNEY NSW 2000
(DX 11518 SYDNEY DOWNTOWN)
Drug Court
The Registrar
Drug Court of New South Wales
Court House
PARRAMATTA NSW 2150
(PO Box 92 PARRAMATTA NSW 2124)
5. Following receipt of a copy of the transcript and exhibits, the solicitor for an intending appellant should promptly arrange for a determination of merit to be obtained, and then seek instructions as to whether an appeal is to proceed.
6. If an appeal is to proceed, a notice of appeal or notice of application for leave to appeal must be sent to the Registrar, accompanied by the documents specified in Rule 23C of the Criminal Appeal Rules. The notice will be registered and the appeal listed for mention when a hearing date will be allocated.
7. If a decision is taken not to pursue an appeal or application for leave to appeal after a notice of intention has been given, no further documents need be sent to the Registrar; the effect of the notice of intention will lapse after 6 months, unless that time is extended.
8. The overall effect of the giving of a notice of intention to appeal is to facilitate the obtaining of necessary transcripts, exhibits and other documents so that a decision may be taken as to whether an appeal or application for leave to appeal should be instituted, and to ensure that, when instituted, all material is available to enable the expeditious listing and determination of the appeal or application.
9. This Practice Note applies on and from 1 July 2002.
21 May 2002 Chief Justice
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