Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-11

261. How appeal is commenced

261. How appeal is commenced

(1) An appeal under section 260 is commenced by filing a notice of appeal, signed by the DPP personally, with a registrar of the Magistrates' Court at any venue of the Magistrates' Court.
S. 261(2) amended by No. 68/2009 s. 51(zq).

(2) A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 within 14 days after the day on which the notice is filed.

(3) A notice of appeal must be in the form prescribed by the rules of the County Court.

(4) The DPP must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the criminal proceeding to which the appeal relates, if that legal practitioner can reasonably be identified.

(5) A notice of appeal filed under this section must be transmitted to the County Court.

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