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r 58

Terms used

In force

58 Terms used

(1)

In this Part, unless the contrary intention appears —

appeal means an appeal, or an application for leave to appeal, under the Criminal Appeals Act 2004 Part 2 Division 2;

appeal notice means a notice in the form of Form 20;

interim order in an appeal, means —

(a)

an order staying the proceedings in the primary court or the execution of the primary court’s decision;

(b)

an order made under the Criminal Appeals Act 2004 section 12;

(c)

an order granting bail made under the Bail Act 1982;

(d)

an urgent appeal order;

(e)

an order that an appellant provide security for a respondent’s costs;

(f)

an order extending or shortening the time for obeying a requirement of these rules, other than the time for commencing an appeal;

(g)

any other order that the Court may make before the appeal is concluded, other than an order giving or refusing to give leave to appeal;

lodge a document, means to lodge it at the Central Office in the Supreme Court together with any fee required to be paid under the Supreme Court (Fees) Regulations 2002;

primary court, in relation to an appeal, means the court of summary jurisdiction that made the decision being appealed;

primary court’s transcript means —

(a)

the transcript of the proceedings in the primary court; or

(b)

if there is no electronic recording of the proceedings that can be transcribed —

(i)

the notes made by the judicial officer who presided at the proceedings; and

(ii)

one or more affidavits of people who were present at the proceedings about what happened in the proceedings.

(2)

A term defined in the Criminal Appeals Act 2004 has the same meaning in these rules as it does in that Act, unless the contrary intention appears.

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