Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5509

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

    (1)     The director of public prosecutions must file a response to the application.

Note     See approved form 5.17 (Court of Appeal—response by Director of Public Prosecutions) AF2006-401

.

    (2)     The response must state—

        (a)     whether the director opposes, consents to, or does not oppose, the application; and

        (b)     whether the director proposes to file any affidavits in response to the application; and

        (c)     an address for service.

Note     Address for service is defined in the dictionary.

    (3)     The director of public prosecutions must file the response, and serve a stamped copy on the convicted person, not later than 7 days after the day the application is served on the director.

    (4)     If the director of public prosecutions wants to present evidence, the director must file the director's affidavits, and serve them on the convicted person, not later than 14 days after the day the application is served on the director.



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