Criminal Practice Rules 1999

The Attorney-General starts an appeal under the Code, section 669A(1) by filing a notice of appeal with the registrar.

Subject to subrule (6), the Attorney-General must serve a copy of the filed notice of appeal on the respondent to the appeal personally.

However, if the respondent is in custody, the Attorney-General may serve the copy on the respondent by leaving it with a following person—

if the respondent is in prison, the prison’s general manager;

if the respondent is in custody in a place other than a prison, the person in charge of the place.

If the appeal is about a summary conviction for an indictable offence about which the convicted person has appealed to a District Court judge under the Justices Act 1886, section 222, the Attorney-General must serve a copy of the notice of appeal on the District Court registrar.

An affidavit of proof of service under this rule may be filed with the Court of Appeal registrar.

If the court considers it appropriate, the court may hear an appeal even though the Attorney-General has not served a copy of the notice of appeal on the respondent.