Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 2.53

Duties of prison officers

    (1)     A prison officer within the meaning of the Corrections Act 1986 who has custody of a person at the time the person is convicted on indictment shall immediately inform the person convicted that—

        (a)     if the person wishes to appeal against conviction, the person may do so with the   leave of the Court of Appeal;

        (b)     if the person wishes to obtain leave of the Court of Appeal, the person must give notice of application for leave not later than 28 days after sentence;

        (c)     if the person wishes to appeal against the sentence, the person may do so with the leave of the Court of Appeal and must give notice of the application not later than 28 days after sentence;

        (d)     applications for leave to appeal are determined without an oral hearing unless the person requests an oral hearing and confirms that request in writing to the Registrar, in accordance with any applicable practice direction.

    (2)     The prison officer shall—

        (a)     inform the convicted person that, unless it is otherwise ordered or the application is determined without an oral hearing, the person is entitled—

              (i)     to attend or appear at the hearing of the appeal or application for leave to appeal; or

              (ii)     if it is practicable to do so, to appear by audio visual link;

Note

See sections 328, 329 and 330 of the Act regarding attendance and appearance.

        (b)     give the convicted person a copy of
Form 6–2Q; and

        (c)     obtain from the convicted person a written acknowledgment that the person has received a copy of Form 6–2R and has read and understood it.

    (3)     If a convicted person expresses a wish to attend or appear at the hearing of an appeal or application or to appear by audio visual link, the prison officer who has the custody of the person shall inform the Registrar, who shall obtain the necessary order or make the necessary arrangements, as the case may be.

    (4)     A prison officer who has custody of a convicted person shall give that person upon request the appropriate forms under these Rules.



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