Appeals to Court of Appeal—fine paid to be kept pending appeal
5536 Appeals to Court of Appeal—fine paid to be kept pending appeal
This rule applies if the convicted person for a conviction or sentence is sentenced to pay a fine.
If the convicted person appeals against the conviction or sentence, any amount paid by the person as the fine, or part of the fine, must be kept by the person authorised to receive the fine until the appeal is finally decided.
If the convicted person has paid an amount mentioned in subrule (2), and the person’s appeal is upheld, the person is entitled to a refund, unless the Court of Appeal otherwise orders.
Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
Without limiting rule 6016 (Application in proceeding—oral application), an application for an order otherwise ordering under subrule (3) may be made orally, unless the Court of Appeal otherwise orders on application by a party to the appeal or on its own initiative.
In this rule:
fine includes an amount for costs or any other amount ordered to be paid by the convicted person in relation to an offence.
Examples
1 a financial penalty imposed by a court for an offence
2 a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence
3 costs payable to the Territory under a court order in a proceeding for an offence
4 a levy imposed under the Victims of Crime (Financial Assistance) Act 2016
5 an amount payable under a reparation order under the Crimes (Sentencing) Act 2005, section 19 (Reparation orders—losses and expenses generally)
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.