Court Procedures Rules 2006

This rule applies to an application or appeal under this part in relation to a conviction or sentence if the convicted person is the applicant or appellant.

The convicted person may present the person’s case to the Court of Appeal in writing if the person wants to, whether or not the respondent director of public prosecutions presents his or her case in writing.

Note The convicted person must state that the person wants to present his or her case in writing. See, eg,r 5506 (4) (Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence).

If the convicted person presents his or her case in writing, the person need not appear or be present at the hearing of the application or appeal unless the Court of Appeal otherwise orders.

If the convicted person is in custody, is not represented by a legal practitioner and does not present his or her case in writing, the person is entitled to be present at the hearing of the application or appeal in the way that the Court of Appeal orders.

The Court of Appeal may order that the convicted person be present—

in person; or

by audiovisual link or audio link.

The Court of Appeal may make an order under this rule on application by a party to the application or appeal or on its own initiative.

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