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Clause 266

sets out the procedures which apply when an appellant wishes to abandon an appeal, which must be done in accordance with the rules of court. Under subclause (2), if an appellant appeals against both conviction and sentence but decides not to pursue the appeal against conviction, the appellant must give both the court and the respondent written notice that he or she is abandoning the appeal against conviction. This avoids the inconvenience of the current practice of listing the appeal in order for the appeal against conviction to be formally abandoned. Subclause (3) states that an appeal against sentence in which a term of imprisonment or detention was imposed can be abandoned if the appellant is not in custody by surrendering to the registrar of the County Court and filing a notice in the prescribed form. If the appellant is in custody, he or she may abandon the appeal simply by filing a notice in the prescribed form. If an appellant abandons an appeal, the County Court must strike out the appeal. If an appeal is struck out under this clause—
the order of the Magistrates' Court may be enforced as if an appeal had not been made except that time is deemed not to have run during the period of any stay under clause 264; and
the registrar of the County Court must give the respondent a copy of the order striking out the appeal.