Processing the Appeal Decision

Introduction

This topic covers what happens to a sentence when the court makes its decision on an appeal, whether that is to:

resume the sentence, if the decision was to:
- vary the sentence
- dismiss the appeal altogether.
cancel the sentence, if the appeal was successful.

Resuming the sentence

The following table shows the process for resuming the sentence, when the court’s decision is to dismiss the appeal or vary the sentence.

Note: This must be done within 24 hours of the decision being notified.

In the case of offenders who are identified as HRX, advise the police within five working days of the offender resuming the sentence.

Stage	Description
1	The probation officer: updates the suspension field in the sentence order management screen, recording the date on which the appeal was finalised in the suspension end date field records the action in IOMS casenotes and updates the offender file cover. Result: IOMS recalculates the sentence termination date
2	The offender is directed to report according to the judge’s ruling: through legal counsel by the registrar at the court by the probation officer (if the offender is not present at court).
3	The sentence proceeds 'from where it left off', but at the new resumption date.

Stage

Description

The probation officer:

updates the suspension field in the sentence order management screen, recording the date on which the appeal was finalised in the suspension end date field
records the action in IOMS casenotes and updates the offender file cover.

Result: IOMS recalculates the sentence termination date

The offender is directed to report according to the judge’s ruling:

through legal counsel
by the registrar at the court
by the probation officer (if the offender is not present at court).

The sentence proceeds 'from where it left off', but at the new resumption date.

When the resumption takes effect

The following table shows when the resumption of the sentence is considered to take effect.

If the…	the sentence resumes on the day…
court specifies a day to resume the sentence	specified by the court.
court does not specify a day to resume the sentence	the court determines the appeal
appeal is withdrawn	of the withdrawal.
appeal is dismissed	of the dismissal.

New court order

A new court order is normally only issued if an appeal of sentence is upheld and the original terms of the sentence are changed. If not, the original court order remains in force.

Note: This can vary between courts. Some courts issue new orders regardless.

Re-calculation of termination date

The new termination date is automatically calculated by IOMS. This moves the termination date forward by the length of the suspension. The offender is subject to the sentence for the full duration as directed by the court order.

For offenders subject to CW, the timeframe will relate to the 6 month period of each 100 hours.

Cancelling the sentence

If a successful appeal results in the cancellation of the sentence:

enter the information into IOMS
record the status of the sentence and compliance to date in the sentence completion report.

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