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Withdraw a criminal appeal
How to withdraw an appeal
How you can withdraw an appeal depends on whether you have filed the Petition of Appeal.
The process is also different depending on whether you are appealing a State Courts or High Court decision.
Appealing a State Courts case
Your appeal will be treated as withdrawn if you do not submit your Petition of Appeal within 14 days of the service of the grounds of decision.
(Note: For cases charged before 2 Jan 2011, the deadline is 10 days.)
Alternatively, you can submit the Notice of Discontinuance either online via the Integrated Case Management System (ICMS) or in person at the State Courts Service Hub. You must serve the notice on the other party to the appeal on the date of filing.
You should notify the High Court Legal Registry as soon as possible if you wish to withdraw.
You should complete these steps at least 7 working days before your appeal hearing date:
- Seek the prosecution's written consent. If your sentence involves a jail term, ask the prosecution for the date you need to surrender to serve your sentence.
- File a request to the High Court via eLitigation for leave to withdraw your appeal. You need to attach the prosecution’s written consent and send a copy of your request to the prosecution.
Appealing a High Court case
Your appeal will be treated as withdrawn if you do not submit your Petition of Appeal within 14 days of the notice to collect the record of proceedings.
Alternatively, you can submit the Notice of Discontinuance (Form G, Supreme Court (Criminal Appeals) Rules) via eLitigation.
You should notify the Court of Appeal Legal Registry as soon as possible if you wish to withdraw.
After you withdraw an appeal
You will receive a notification of withdrawal from the court. The court will enforce your original sentence.
If you are on bail pending appeal, you need to surrender to the court to serve your sentence.
Note
If you do not surrender, the court will issue a warrant of arrest. You will be arrested and imprisoned.
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