Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 4.15

Stay of execution or proceedings under judgment or decision appealed from

             (1)  Subject to subrule (2), criminal appeal proceedings do not:

                     (a)  operate as a stay of execution or a stay of any proceedings under the judgment or decision appealed from; or

                     (b)  invalidate any proceedings already taken.

             (2)  An appellant in criminal appeal proceedings may apply to the Court for a stay referred to in paragraph (1)(a) to operate until the criminal appeal proceedings are heard and determined.

             (3)  An application may be made under subrule (2) even if the court from which the appeal is brought has previously refused an application of a similar kind.

Note:          For the form of an application under subrule (2) and requirements relating to service, see rule 9.01.



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