Record the time to appeal a conviction or a sentence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the date sentence was imposed, calculate 28 days. If the lawyer says an annulment application under Part 2 was made inside those 28 days, calculate 28 days from the day that application was disposed of. If the proposed appeal is against conviction only, note that it may not be made before sentence is imposed. If the lawyer says the conviction was in the person's absence or followed a plea of guilty, note that section 11(1) does not apply to that conviction. Do not draft a notice of appeal.
- What the lawyer must review
- The lawyer decides whether an appeal as of right is available and whether to file. Section 11(1) says a person convicted or sentenced by the Local Court may appeal to the District Court against the conviction or sentence or both. Section 11(1A) says subsection (1) does not apply to a conviction if the person was convicted in their absence or following a plea of guilty. Section 11(1B) says a person whose application under section 4 for annulment of a sentence has been refused may appeal to the District Court against the sentence. Section 11(2) says an appeal must be made within 28 days after sentence is imposed, or, if an annulment application under Part 2 was made within that 28-day period, within 28 days after that application is disposed of. An appeal against conviction may not be made before sentence is imposed. No provision about leave to appeal after that time was opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the date sentence was imposed, calculate 28 days. If the lawyer says an annulment application under Part 2 was made inside those 28 days, calculate 28 days from the day that application was disposed of. If the proposed appeal is against conviction only, note that it may not be made before sentence is imposed. If the lawyer says the conviction was in the person's absence or followed a plea of guilty, note that section 11(1) does not apply to that conviction. Do not draft a notice of appeal. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Start the 28 days when sentence is imposed. Do not start them when the finding of guilt is announced if sentence is later.
- Use the second 28 days only if the annulment application was made inside the first 28 days. Count it from disposal of that application.
- If the conviction was in the person's absence or after a plea of guilty, do not record an appeal as of right against that conviction. Leave section 11(1A) to the lawyer.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.