Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5506

Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence

    (1)     The application must be made to the registrar in the first instance.

Note     See approved form 5.16 (Court of Appeal—application to registrar for leave to appeal out of time against conviction or sentence) AF2006-400

.

    (2)     Part 6.2 (Applications in proceedings) applies to the application as if—

        (a)     a reference to an application in a proceeding were a reference to the application; and

        (b)     any other necessary changes were made.

    (3)     The application must be accompanied by—

        (a)     an affidavit showing—

              (i)     the nature of the case; and

              (ii)     the questions involved; and

              (iii)     the reasons why leave should be given; and

        (b)     the draft notice of appeal.

    (4)     If the convicted person wants to present the person's case in writing under part 5.8 (Written cases) the application must state that the person wants to do so.



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