Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 2.29

Procedure for appeal where fine and imprisonment in default

    (1)     If a person who has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment intends to appeal to the Court of Appeal on grounds of law alone, this Rule applies.

    (2)     If this Rule applies—

        (a)     the person convicted and sentenced shall inform the trial judge of the intention to appeal;

        (b)     the trial judge may, if of the opinion that it is appropriate, order the intending appellant immediately to enter into a recognizance in Form 6–2L, with or without sureties, to prosecute the appeal;

        (c)     the person convicted and sentenced shall within the relevant time period set out in the Act for the type of appeal, file a notice of appeal in accordance with this Order; and

        (d)     the person convicted and sentenced shall, if necessary, file an application under section 313 of the Act for extension of time.

    (3)     If the intending appellant fails to comply with paragraph (2)(c), the Registrar shall report the failure to the Court of Appeal which may, after notice has been given to the intending appellant and any sureties—

        (a)     order forfeiture of the recognizances and payment of the amount of the recognizances to the Registrar immediately;

        (b)     issue a warrant for the arrest of the intending appellant;

        (c)     order the imprisonment of the intending appellant in default of payment of the fine; and

        (d)     make any other order it thinks appropriate.



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