Criminal Procedure Act 2009

Subject to subsections (2) and (3), an appeal to the County Court or the Supreme Court, as the case requires, may be abandoned by filing a notice of abandonment of appeal, in the form prescribed by the rules of the applicable court, with the applicable court.

If an appellant appeals against both conviction and sentence but does not pursue the appeal against conviction, the appellant must give written notice to the court and the respondent that the appeal against conviction is abandoned.

An appellant who has been sentenced to a term of imprisonment or detention but who is not in custody may abandon the appeal by—

surrendering to the registrar of the County Court, Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires; and

immediately filing a notice of abandonment of appeal in accordance with subsection (1).

If a person surrenders to the registrar of the County Court, Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires, in accordance with subsection (3), the registrar or Prothonotary may issue, in accordance with the Magistrates' Court Act 1989, a warrant to imprison the person.

If an appellant abandons an appeal, the court must strike out the appeal.

If an appeal is struck out under subsection (4)—

the sentence of the Magistrates' Court is reinstated and may be enforced as if an appeal had not been made 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.

The court may not set aside an order under subsection (4) striking out an appeal.