Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 5510

(SCR o 86 r 55)

    (1)     The registrar must tell the convicted person, and the director of public prosecutions, of the registrar's decision to give or refuse leave to appeal out of time.

    (2)     If the registrar gives leave, the director of public prosecutions may apply to the Court of Appeal for an order that the application mentioned in rule 5505 (Application—sdiv 5.4.7.2) be refused.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order.

    (3)     If the registrar refuses leave—

    (a)     the registrar must give the convicted person a copy of the form to be used for applying to the Court of Appeal when telling the person about the refusal; and

    (b)     the convicted person may apply to the Court of Appeal to have the application mentioned in rule 5505 decided by the Court of Appeal.

Note 1     Pt 6.2 (Applications in proceedings) applies to the application to the Court of Appeal.

Note 2     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

    (4)     The application to the Court of Appeal must be filed not later than 14 days after the day the convicted person is told about the registrar's decision.

Subdivision 5.4.7.3     Appeals to Court of Appeal—leave to appeal out of time by DPP