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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 decision of the State Courts or of the General Division of the High Court.
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Your appeal will be treated as withdrawn if you do not submit your Petition of Appeal within 14 days of the service of the record of proceedings and grounds of decision.
Note: For cases where you had been 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 Crime Registry of the General Division of the High Court as soon as possible if you wish to withdraw.
You should complete these steps as soon as possible, and no later than 7 working days before your appeal hearing date:
- Seek the prosecution's written consent. If your sentence involves a jail term, you should check whether the prosecution has any objections to the date on which you intend to commence serving your sentence.
- File a request to the General Division of the High Court via eLitigation for permission 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 General Division of the High Court 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Your appeal will be treated as withdrawn if you do not submit your Petition of Appeal within 14 days of the service of the record of proceedings and grounds of decision.
Alternatively, you can submit the Notice of Discontinuance (Form G, Supreme Court (Criminal Appeals) Rules) via eLitigation. You must serve the notice on the other party to the appeal on the date of filing.
You should notify the Court of Appeal 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.
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