In a criminal case, how long does the Criminal Procedure Act allow for lodging an appeal, and what does this provision say about when that period begins?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the certified copy of the judgment, the proof of service showing the date it reached the appellant, and the notice of appeal bearing the court's receipt stamp, since each bears on whether the appeal was lodged within the period the provision sets.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision on its own terms: the period for lodging an appeal in a criminal case is the fixed period the provision sets, and it applies to the appeal itself, with no further condition in this provision as to the case, the party or the court.
Another reading notes what the provision does not say, for it fixes the length of the appeal period without naming the event the period runs from or stating what becomes of an appeal lodged after that period has passed, so both questions must be looked for elsewhere in the Criminal Procedure Act.
Your judgment
If the judgment copy was served by publication rather than delivery, what in the file could show the date from which the appeal period ran?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the length of the appeal period, or if a court decision on the starting point of that period, or on the effect of a late appeal, is reported.