Text as at 1 July 2026

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263 Late notice of appeal deemed to be application for leave to appeal

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Explained inBill clause 263 EM on clause 263

(1)A notice of appeal filed after the end of the period referred to in section 255(1) or 258 is deemed to be an application for leave to appeal on the grounds stated in the notice.

(2)The County Court or the Supreme Court, as the case requires, may grant leave to appeal under subsection (1) and the appellant may proceed with the appeal if—

S. 263(2) amended by No. 3/2016 s. 70(1).

(a)the court considers that the failure to file a notice of appeal within the period referred to in section 255(1) or 258 was due to exceptional circumstances; and

S. 263(4)(a) amended by No. 3/2016 s. 70(3)(a).

(b)the court is satisfied that the respondent's case would not be materially prejudiced because of the delay.

S. 263(5)(b) amended by Nos 3/2016 s. 70(4), 1/2022 s. 67.

(3)If the court does not grant leave to appeal under subsection (2), the court must strike out the appeal.

S. 263(3) inserted by No. 48/2012 s. 16, amended by No. 3/2016 s. 70(2).

(4)If—

S. 263(4) inserted by No. 48/2012 s. 16, amended by Nos 3/2016 s. 70(3)(b), 1/2022 s. 67.

(a)the County Court or the Supreme Court, as the case requires, strikes out an appeal under subsection (3); and

(b)the appellant had been sentenced to a term of imprisonment or detention by the Magistrates' Court—

the registrar of the County Court, Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires, may issue, in accordance with the Magistrates' Court Act 1989, a warrant to imprison the appellant and may recall and cancel that warrant.

(5)If an appeal is struck out under subsection (3)—

S. 263(5) inserted by No. 48/2012 s. 16.

(a)the sentence of the Magistrates' Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and

(b)the registrar of the County Court, Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires, must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and

(c)the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.