Rule 91 — Criminal Appeal (SI/2009-3)

Regulations are current to 2014-10-15

Contact information

 A party to an appeal must designate an address for delivery and provide to the registrar the further contact information referred to in Rule 82.08 of Rule 82 - Administration of Civil Proceedings.

Prisoner appeal

 Where a prisoner appeal is commenced and the appellant subsequently retains a solicitor, the solicitor shall immediately notify the registrar and the respondent of the retainer and thereafter all relevant Rules relating to appeals through solicitors apply to the appeal.

Applying for leave to appeal

 A person who wishes to bring an appeal for which leave of the Court of Appeal is required may file a notice of appeal and include the application in it.

Deadline for starting an appeal

  •  (1) For the purpose of sections 678 and 839 of the Code, a person may start an appeal of a judgment by filing a notice of appeal no more than 25 days after one of the following:

    • (a) the day the appellant is sentenced, if the appeal is from a conviction, finding of guilt, or sentence, or both a conviction or finding of guilt and a sentence;

    • (b) the day a judgment is made, if the appeal is from an acquittal or other judgment that is not a conviction, finding of guilt, or sentence.

  • (2) The period is calculated under Rule 94.02 of Rule 94 - Interpretation, and it is subject to being extended under section 678 of the Code or Rule 91.04.

Filing and delivery of notice of appeal

  •  (1) An appellant, other than an appellant in a prisoner appeal, must do each of the following:

    • (a) provide the registrar with two copies of the notice of appeal when the original is filed;

    • (b) cause a copy of the notice of appeal to be delivered to each respondent before the deadline in Rule 91.09(1), by personal service or by another method of giving notice permitted by a judge;

    • (c) provide the registrar with proof of service of the notice of appeal;

    • (d) send a copy of the notice of appeal to the judge from whose judgment the appeal is brought.

  • (2) A prisoner who wishes to start a prisoner appeal must, by the deadline in Rule 91.09(1), deliver the original of the notice of appeal, two copies for the registrar, and one copy for each respondent to the senior official of the institution in which the appellant is imprisoned.

  • (3) A senior official to whom a notice of appeal in a prisoner appeal is delivered must certify the date of delivery on the notice, cause the notice and two copies to be delivered to the registrar, and cause the other copy to be delivered to the respondent.

  • (4) The registrar must send a copy of a prisoner’s notice of appeal to the judge from whose judgment the appeal is brought.

Cross-appeal

  •  (1) A respondent may cross-appeal by filing a notice of cross-appeal.

  • (2) The notice of cross-appeal must be entitled “Notice of Cross-Appeal”, be dated and signed, and include all of the following:

    • (a) the same file number as the notice of appeal and a heading with the names of the cross-appellant and cross-respondent;

    • (b) a notice that the respondent cross-appeals from a judgment, including the nature of the judgment, the names of the judge and court whose judgment is being appealed from, and the date of the judgment;

    • (c) an application for leave to cross-appeal referred to in Rule 91.08, if leave is required;

    • (d) a reference to the statutory authority for the cross-appeal, a concise statement of the grounds of cross-appeal, and a concise description of the order to be sought at the conclusion of the appeal;

    • (e) if there is only one respondent who cross-appeals, an address for delivery of documents to the appellant and, if there is more than one appellant, a designation of a single address for all or separate addresses for each;

    • (f) an acknowledgment that documents delivered to the designated addresses are considered received by the respondent, and a statement that further contact information is available from the registrar.

  • (3) A notice of cross-appeal must be filed and delivered no more than 25 days after the day a copy of the notice of appeal was delivered to the respondent who wishes to cross-appeal.

  • (4) Unless inconsistent with this Rule 91.11, Rules 91.05(2), 91.08, 91.09(2), and 91.10 apply to a cross-appeal as if “appeal” read “cross-appeal” and “appellant” read “respondent who cross-appeals”.