Text as at 1 July 2026

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261 How appeal is commenced

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Explained inBill clause 261 EM on clause 261

(1)An appeal under section 260 is commenced by filing a notice of appeal, signed by the DPP personally, in the Magistrates' Court.

S. 261(1) amended by No. 20/2025 s. 12.

(2)A copy of the notice of appeal must be served personally on the respondent in accordance with section 391 within 14 days after the day on which the notice is filed.

S. 261(2) amended by No. 68/2009 s. 51(zq).

(3)A notice of appeal must be in the form prescribed by the rules of the County Court or the Supreme Court, as the case requires.

S. 261(3) amended by No. 3/2016 s. 68(1).

(4)The DPP must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the criminal proceeding to which the appeal relates, if that legal practitioner can reasonably be identified.

(5)A notice of appeal filed under this section must be transmitted to the County Court or the Supreme Court, as the case requires.

S. 261(5) amended by No. 3/2016 s. 68(2).