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Clause 266 Abandonment of appeal

(1)Subject to this section, an appeal to the County Court may be abandoned in accordance with the rules of the County Court.

(2)If an appellant appeals against both conviction and sentence but does not pursue the appeal against conviction, the appellant must give written notice to the court and the respondent that the appeal against conviction is abandoned.

(3)An appellant may abandon an appeal against a sentence under which a term of imprisonment or detention was imposed—

(a)if the appellant is not in custody, by surrendering to the registrar of the County Court and immediately filing with the registrar a notice in the form prescribed by the rules of the County Court; or

(b)if the appellant is in custody, by filing with the registrar of the County Court a notice referred to in paragraph (a).

(4)If an appellant abandons an appeal in accordance with subsection (2) or the rules of the County Court, the County Court must strike out the appeal.

(5)If an appeal is struck out under subsection (4)—

(a)the order of the Magistrates' Court may be enforced as if an appeal had not been made 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 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.