Youth Justice Act 2024

If an appellant (other than the DPP) fails to appear at the time listed for the hearing of the appeal, the appellate court may—

strike out the appeal; or

adjourn the proceeding on any terms that it considers appropriate.

If—

the appellate court strikes out an appeal under subsection (1)(a); and

the appellant had been sentenced to a period of detention in a youth justice custodial centre by the Children's Court—

may issue a warrant to detain the person in a youth justice custodial centre; and

may recall and cancel that warrant.

If an appeal is struck out under subsection (1)(a)—

the sentence of the Children's 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, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must give a copy of the order striking out the appeal to the respondent or to the respondent's legal practitioner; and

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

At any time, the appellate court may set aside an order striking out an appeal because of the failure of the appellant to appear if the appellant satisfies the court that the failure to appear was not due to fault or neglect on the part of the appellant.

An application under subsection (4) to set aside an order may be made at any time on written notice to the respondent served a reasonable time before the making of the application.

Notice under subsection (5) must be served in the same way as a notice of appeal.

If the appellate court grants an application under subsection (4), the court—

must order the reinstatement of the appeal subject to the payment of any costs that the court considers appropriate; and

may require the appellant to give a further undertaking to proceed with the appeal.

An application under section 343 for bail pending the reinstated appeal may be made to the County Court or the Supreme Court (as the case requires).

On the reinstatement of an appeal under subsection (7), the appeal operates as a stay of the sentence, but not a conviction in respect of the sentence, when—

if required, the appellant signs the undertaking referred to in section 332(4); and

if the appellant is in custody because of the sentence appealed against and bail is granted under section 343, the appellant enters bail.

Subsection (9) is subject to section 29 of the Road Safety Act 1986.