Victorian Current Acts Victorian Current Acts(1) An appeal under section 254 is commenced by filing a notice of appeal with a registrar of the Magistrates' Court at any venue of the Magistrates' Court within 28 days after the day on which the sentence of the Magistrates' Court is imposed.
S. 255(2) amended by No. 68/2009 s. 51(zo).
(2) A copy of the notice of appeal must be served on the respondent in accordance with section 392 within 7 days after the day on which the notice is filed.
(3) A notice of appeal must—
(a) state whether the appeal is against conviction and sentence, or sentence alone; and
S. 255(3)(b) amended by No. 3/2016 s. 62(1).
(b) be in the form prescribed by the rules of the County Court or the Supreme Court, as the case requires.
S. 255(4) amended by No. 3/2016 s. 62(2).
(4) A notice of appeal must include a statement in the form prescribed by the rules of the County Court or the Supreme Court, as the case requires and signed by the appellant to the effect that the appellant is aware that on the appeal the court may impose a sentence more severe than that sought to be appealed.
S. 255(5) amended by No. 3/2016 s. 62(3)(a).
(5) A notice of appeal must also include an undertaking signed by the appellant in the manner prescribed by the rules of the County Court or the Supreme Court, as the case requires—
S. 255(5)(a) amended by No. 3/2016 s. 62(3)(b).
(a) subject to paragraph (ab), to appear at the County Court to proceed with the appeal at a place and on a day fixed or to be fixed by the registrar of the County Court and to appear at the County Court for the duration of the appeal; and
S. 255(5)(ab) inserted by No. 3/2016 s. 62(3)(c). [1]
(ab) in the case of an appeal referred to in section 254(2), to appear at the Supreme Court to proceed with the appeal at a place and on a day fixed or to be fixed by the Prothonotary of the Supreme Court and to appear at the Supreme Court for the duration of the appeal; and
S. 255(5)(b) amended by No. 3/2016 s. 62(3)(d).
(b) to give written notice without delay to the registrar of the County Court or the Prothonotary of the Supreme Court, as the case requires of any change of address of the appellant from that appearing in the notice of appeal.
(6) Before accepting a notice of appeal, a registrar of the Magistrates' Court must—
S. 255(6)(a) amended by No. 3/2016 s. 62(4).
(a) give to the person seeking to file the notice of appeal a notice in the form prescribed by the rules of the County Court or the Supreme Court, as the case requires to the effect that on the appeal the court may impose a sentence more severe than that sought to be appealed against; and
(b) if the person seeking to file the notice of appeal is not the proposed appellant, be satisfied that the proposed appellant has signed the statement required to be included in the notice of appeal by subsection (4).
S. 255(7) amended by No. 3/2016 s. 62(5).
(7) A notice of appeal filed under this section must be transmitted to the County Court or the Supreme Court, as the case requires.