Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 261

How appeal is commenced

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

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

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

    (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.

    (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.

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

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



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