Criminal Appeal Rules (SI/93-169)
Full Document:
Regulations are current to 2012-05-14
APPLICATION OF CIVIL RULES
2. (1) Except where otherwise provided by the Code, a statute or these rules, the Rules of Civil Procedure where appropriate and with necessary modifications apply to criminal appeals.
(2) Civil rules 61.03 (motion for leave to appeal), 61.04 (commencement of appeals), 61.05 (certificate or agreement respecting evidence), 61.07 (cross-appeals), 61.09 (perfecting appeals), 61.10 (appeal book), 61.11 and 61.12 (factums) and 61.13 (dismissal for delay) do not apply to criminal appeals.
NOTICE OF APPEAL
Inmate appeals
3. (1) The notice of appeal in an inmate appeal shall be in Form A.
Solicitor’s appeal
(2) The notice of appeal in any other appeal by a convicted person shall be in Form B.
Appeal by Attorney General
(3) A notice of appeal by the Attorney General shall be in Form B with necessary modifications.
Other appeals
(4) The notice of appeal in any other appeal to which these rules apply, except an appeal under Part XX.1 of the Code, shall be in Form B with necessary modifications.
File number to be included
(5) A notice of appeal in Form B shall include the file number of the proceeding in the court appealed from.
TIME FOR SERVICE OF NOTICE OF APPEAL
Appeal from acquittal
4. (1) Where the appeal is from acquittal, the notice of appeal shall be served within thirty days after the day of the acquittal.
Appeal from conviction or sentence
(2) Where the appeal is from conviction, sentence, or both, the notice of appeal shall be served within thirty days after the day of the sentence.
Appeal from an order
(3) Where the appeal is from any other order, the notice of appeal shall be served within thirty days after the day of the making of the order sought to be appealed.
MANNER OF SERVICE OF NOTICE OF APPEAL
5. Service of a notice of appeal shall be effected,
(a) in an inmate appeal, by delivering the notice of appeal to the senior official of the institution in which the appellant is in custody; and
(b) in an appeal other than an inmate appeal, by delivering to the office of the Registrar or by mailing to the Registrar by registered mail three copies of the notice of appeal, and, in addition, in an appeal by the Attorney General, by personal service on the person in respect of whose acquittal or sentence the appeal is brought, or as may be directed by a judge.
ORDER WITHOUT ATTENDANCE OF COUNSEL
6. Except for an application for release from custody under section 679 of the Code, any order provided for in these rules may be made with the consent in writing of the parties without the attendance of counsel.
EXTENSION OR ABRIDGEMENT OF TIME
General powers of judge
7. (1) The time for appeal and for doing any other act in connection with an appeal for which a time is prescribed may be extended or abridged by a judge before or after the expiration of the time prescribed.
Notice
(2) Except in an inmate appeal, notice of application to extend or abridge time shall be given to the opposite party unless otherwise directed by a judge.
Extension of time in inmate appeal
(3) An extension of time relating to an inmate appeal may be granted by a judge and the endorsement to that effect shall constitute an order extending the time.
(4) In all cases where the application for an extension of time in an inmate appeal is served six months or more after the time for serving the notice of appeal has expired, and in any other case where the judge considers it appropriate, the Registrar shall give notice to the Attorney General of the application.
(5) Upon receiving notice of the application, the Attorney General shall, if the application is opposed, within ten days file with the Registrar a written response to the application and a copy of the response shall be forwarded by the Registrar to the appellant together with a notification that he or she may make written submissions in reply to the response of the Attorney General within fifteen days after receipt of the response.
(6) If the judge to whom the application is made under subrule (4), after reviewing the grounds upon which the appellant in the notice of appeal requests an extension of time, the report of the trial judge under rule 13 and any submissions filed by the Attorney General or the appellant under subrule (5), is of the opinion that an extension of time should be refused, the judge shall prepare reasons for the refusal, and the file shall then be referred to two members of the criminal panel.
(7) The decision of the majority of the three judges shall be the decision of the court on the application for an extension of time.
(8) The reasons given by the court on the application shall be sent to the appellant, and where the Attorney General has filed a response, to the Attorney General, and where the application is granted the Attorney General and the appellant shall be notified by the Registrar.
