Criminal Practice Rules 1999

An applicant for leave to make a subsequent appeal must file with the registrar a notice of application for leave to make a subsequent appeal.

The notice must—

be signed by the applicant or the applicant’s lawyer; and

state, briefly and precisely, the grounds of the subsequent appeal; and

be accompanied by an affidavit setting out the fresh and compelling evidence, or the new and compelling evidence, relied on in the grounds of the subsequent appeal.

If the court gives the applicant leave to make a subsequent appeal—

the applicant is taken to have started a subsequent appeal; and

the notice of application for leave to make a subsequent appeal is taken to be the notice of subsequent appeal for the purposes of the Code, sections 671H(4) and 671K(1).

In this rule—