266. Abandonment of appeal

266. Abandonment of appeal

(1) Subject to subsections (2) and (3), an appeal to the County Court may be abandoned by filing a notice of abandonment of appeal, in the form prescribed by the rules of the County Court, with the County Court.

(2) 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.

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

(a) surrendering to the registrar of the County Court; and

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

(3A) If a person surrenders to the registrar of the County Court in accordance with subsection (3), the registrar may issue, in accordance with the Magistrates' Court Act 1989, a warrant to imprison the person.

(4) If an appellant abandons an appeal, the County Court must strike out the appeal.

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

(a) 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

(b) the registrar of the County Court must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and

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

This section was modified by the Criminal Procedure Amendment (Consequential and Trnsitional Provisions) Act 2009 at s 23.