Criminal Procedure Act 2009

A notice of appeal filed after the end of the period referred to in section 255(1) or 258 is deemed to be an application for leave to appeal on the grounds stated in the notice.

The County Court or the Supreme Court, as the case requires, may grant leave to appeal under subsection (1) and the appellant may proceed with the appeal if—

the court considers that the failure to file a notice of appeal within the period referred to in section 255(1) or 258 was due to exceptional circumstances; and

the court is satisfied that the respondent's case would not be materially prejudiced because of the delay.

If the court does not grant leave to appeal under subsection (2), the court must strike out the appeal.

If—

the County Court or the Supreme Court, as the case requires, strikes out an appeal under subsection (3); and

the appellant had been sentenced to a term of imprisonment or detention by the Magistrates' Court—

If an appeal is struck out under subsection (3)—

the sentence of the Magistrates' Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and

the registrar of the County Court, Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires, must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and

the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.