Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 425

How appeal is commenced

    (1)     An appeal under section 424 is commenced by filing a notice of appeal with a registrar of the Children's Court at any venue of the Children's Court within 28 days after the day on which the sentence of the Children's Court is imposed.

    (2)     A copy of the notice of appeal must be served on the respondent in accordance with section 392 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice is filed.

    (3)     A notice of appeal must—

        (a)     state whether the appeal is against conviction and sentence, or sentence alone; and

        (b)     be in the form prescribed by the rules of the appellate court.

    (4)     A notice of appeal must include an undertaking signed by the appellant in the manner prescribed by the rules of the appellate court

S. 425(4)(a) amended by No. 1/2022 s. 44.

        (a)     to appear at the appellate court to proceed with the appeal at a place and on a day fixed or to be fixed by the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires) and to appear at the appellate court for the duration of the appeal; and

S. 425(4)(b) amended by No. 1/2022 s. 44.

        (b)     to give written notice without delay to the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires) of any change of address of the appellant from that appearing in the notice of appeal.

    (5)     A notice of appeal filed under this section must be transmitted to the appellate court.

S. 426 substituted by No. 68/2009 s. 69.



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