Appeal Lodgement Procedures

Notice of filing appeal

An offender can file an appeal at any time within 28 days of sentencing, but this will most commonly be after reporting has commenced.

A probation officer should receive notification that the appeal has been filed in one of the following ways:

• the registrar of the court where the appeal was lodged advises the service manager, or
• the offender advises the probation officer verbally. When an offender gives such verbal advice, the probation officer must apply as soon as possible to the registrar at the court for a copy of the documentation, to confirm the status of the sentence. The sentence is not suspended (i.e. the offender continues to report), until this documentation is sighted or electronic notification is received.

Suspending a sentence

When it is confirmed that an appeal has been filed against a community-based sentence, the sentence must be suspended. This should happen automatically in IOMS when the court processes the appeal.

Probation officers must check the sentence is suspended in IOMS when they are notified an appeal has been filed. If it hasn’t been suspended, the probation officer will need to suspend the sentence manually.

Suspending the sentence will allow for termination dates to be properly calculated if the sentence resumes. The suspension and appeal process should be documented in casenotes.

Note: ES and HD are not automatically suspended on appeal.

When suspension takes effect

The suspension of a community-based sentence is considered to take effect on the date the appeal is filed at court.

The suspension of a sentence of HD is considered to take effect on the date the offender is granted bail.

Important: If the offender, rather than the registrar, notifies the probation officer of the appeal, the documentation must be sighted to verify that the appeal has been filed.

Types of court decisions

The following table shows the decisions the court may make in response to an appeal, and the effect that each has on the sentence.

Note: If it is a combined sentence, eg, supervision and CW, one or both sentences may be varied or cancelled.

Monitoring a decision

The status of the appeal proceedings should be monitored by:

• making a query through the court administration or IOMS
• checking with the court after the appeal has been heard.

Record full details of any change in the status of the proceedings in IOMS casenotes.

Note: When the court has determined the appeal, the registrar of the court notifies the service manager.