(1)Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or his2021the appellant’s2021 advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the General Division of the 2021High Court) or Registrar of the Subordinate2014State2014 Courts (if the trial court is a Magistrate’s Court or District Court).
Section history
Section 378 — Petition of appeal
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(2)The petition of appeal must be signed by the appellant or his2021the appellant’s2021 advocate and must state briefly the substance of the judgment, sentence or order appealed against and must contain sufficient particulars of any points of law or of fact in respect of which the appellant claims the trial court was in error.
(3)Subject to section 380, if a petition of appeal is not lodged within the time provided under this section, the appeal will be treated as withdrawn.
(4)At any time before the petition of appeal is lodged, the appellant may file with the Registrar of the Supreme Court (if the trial court is the General Division of the 2021High Court) or the Registrar of the Subordinate2014State2014 Courts (if the trial court is a Magistrate’s Court or District Court), a notice of discontinuance of the appeal, and if he2021the appellant2021 does so, he2021the appellant2021 must serve the notice on the other party to the appeal on the date of the filing.
(5)The appellant may, after he2021the appellant2021 had lodged a petition of appeal within the time provided under this section, in a notice in writing to the Registrar of the Supreme Court seek leave2022permission2022 of court to withdraw the appeal.
Subsection (5A) — 31 October 2018 to 1 April 2022superseded
(5A)Where every party to the appeal consents to the withdrawal of the appeal, the court may summarily give leave to withdraw the appeal by an order under the hand of a Judge sitting in the Court 2021of Appeal or a Judge, without the appeal being set down for hearing.
Subsection (5A) — From 1 April 2022 (current)rewritten by Courts (Civil and Criminal Justice) Reform Act 2021
(5A)Despite section 386(1) and (2), where every party to the appeal consents to the withdrawal of the appeal, a single Judge of the General Division of the High Court, or of the Court of Appeal, respectively, may summarily give permission to withdraw the appeal without the appeal being set down for hearing.
(6)Except with the leave2022permission2022 of the appellate court, the appellant shall2021is2021 not be2021 permitted, on the hearing of the appeal, to rely on any ground of appeal other than those set out in the petition of appeal.
(7)Upon withdrawal or discontinuance of any appeal, the Registrar of the Supreme Court shall2021must2021 notify the Registrar of the Subordinate2014State2014 Courts (if the trial court is a Magistrate’s Court or District Court) accordingly and any stay of execution shall 2021immediately cease2021ceases2021 to have effect.