Section 388 — Crimes Act 1961: Time for appealing

388 Time for appealing (1) Where a person convicted desires to appeal to the Court of Appeal against his conviction or sentence, or to obtain the leave of that Court so to appeal, or where the Solicitor-General desires to obtain the leave of the Court of Appeal to appeal against the sentence passed on the conviction of any person on indictment, he shall give notice of appeal or notice of his application for leave to appeal in such manner as may be directed by rules of Court within 28 days after the date of conviction or (if the convicted person is not sentenced on the date of conviction) at any time after the conviction, but not later than 28 days after the date of sentence. The rules shall enable any convicted person to present his case and his argument in writing instead of by oral argument if he so desires. Any case or argument so presented shall be considered by the Court. (2) The time within which notice of appeal or notice of application for leave to appeal may be given may be extended at any time by the Court of Appeal. Compare: 1945 No 23 s 7 Subsection (1) was amended, as from 1 January 1967, by section 9(2) Crimes Amendment Act 1966 (1966 No 98) by inserting the words “ or where the Solicitor-General desires to obtain the leave of the Court of Appeal to appeal against the sentence passed on the conviction of any person on indictment, ” . Subsection (1) was amended, as from 1 January 1967, by section 9(2) Crimes Amendment Act 1966 (1966 No 98) by substituting the words “ if the convicted person is ” for the words “ if he is ” Subsection (1) was amended, as from 10 December 2001, by section 5(1) Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) by substituting the words “ 28 days ” for the words “ 10 days ” . Subsection (1) was amended, as from 10 December 2001, by section 5(2) Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) by omitting the second and third sentences. See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See section 12 of that Act as to transitional provisions. See sections 13 to 16 for validation of determinations made before the Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) came into force.