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Navigating the Court of Criminal Appeal Process

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Upon receiving a conviction or sentence, you have a 28-day window from the date of the judgment to take the following actions: 1. Submit a Notice of Intention to Appeal; or
2. Submit a Notice of Intention to Apply for Leave to Appeal.
It's important to note that the court holds the discretion to extend this 28-day period if it deems it necessary in the interest of justice.
Upon filing a Notice of Intention to Appeal, it remains valid for a duration of 6 months before expiring.
Within this 6-month timeframe, certain documents need to be filed to proceed with your appeal:

  • Notice of Appeal;
  • Grounds of appeal;
  • Supportive written submissions;
  • Certificate confirming transcript availability for relevant court proceedings
  • Statement identifying legal representatives involved in the appeal

In the event that the Notice of Appeal (or Notice of Application for Leave to Appeal) is not submitted within the initial 28 days, you still have the option to file the formal notice of appeal along with the listed documents, provided it is done within 3 months from the date of your conviction or sentencing.

If no appeal is filed within 12 months, the Notice of Intention to Appeal will expire and no extensions to the NIA can be granted.

If you are contemplating an appeal to the NSW Court of Criminal Appeal, it's prudent to seek merit advice from an experienced appeals lawyer at the outset. The team at KPT Defence Lawyers will diligently gather and assess all relevant case materials, including transcripts and exhibits, to determine the potential for a successful appeal. They will identify and outline any viable grounds for appeal in your case.

Should the merit advice reveal insufficient grounds for appeal, it might be advisable not to proceed with the appeal. On the other hand, if substantial and valid grounds are identified, pursuing the appeal becomes a promising course of action.

For expert guidance and comprehensive evaluation of your appeal prospects, reach out to KPT Defence Lawyers who can navigate the complexities of the Court of Criminal Appeal process and advocate for your best interests.

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