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.
Your appeal will be treated as withdrawn if you do not submit your Petition of Appeal within 14 days of the service of the grounds of decision.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 Central Registry. 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:
Your appeal will be treated as withdrawn if you do not submit your Petition of Appeal within 14 days of the notice to collect the record of proceedings.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.
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.
If you do not surrender, the court will issue a warrant of arrest. You will be arrested and imprisoned.