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CRIMINAL CODE 1899 - SECT 671G
Grant of bail to appellant and custody when attending Court
671G Grant of bail to appellant and custody when attending Court
(1) An appellant who is not granted bail shall, pending the determination of
the appeal, be treated in such manner as may be directed under the laws
relating to prisons.
(2) The period the appellant is in custody pending the
determination of the appeal counts as part of any term of imprisonment under
the appellant’s sentence.
(3) If an appellant is released on bail pending
the determination of the appeal— (a) the period the appellant is released on
bail does not count as part of any term of imprisonment under the
appellant’s sentence, whether passed by the court of trial or the Court; and
(b) the appellant’s imprisonment under the appellant’s sentence resumes or
begins to run, as the case requires, on the day the appellant is received into
prison under the appellant’s sentence.
(4) Provision shall be made under
the laws relating to prisons for the manner in which an appellant, when in
custody, is to be brought to any place where the appellant is entitled to be
present, or ordered to be taken, for the purposes of this chapter, and for the
manner in which the appellant is to be kept in custody whilst absent from
prison for the purpose; and an appellant whilst in custody in accordance with
those laws shall be deemed to be in legal custody.
(5) Where pursuant to an
appeal to the Court by the Attorney-General against sentence the Court varies
the sentence— (a) by imposing a term of imprisonment; or
(b) in a case
where the court of trial imposed a term of imprisonment—by increasing the
term of imprisonment imposed;
then, subject to any order the Court may make or
any direction it may give to the contrary in the circumstances— (c) the term
of imprisonment referred to in paragraph (a) shall commence from the time the
person in question is received into prison pursuant to the decision of the
Court or, where that person is already in prison in respect of imprisonment
arising out of another matter, from the date of the decision of the Court;
(d) in the service of the increased term of imprisonment referred to in
paragraph (b) by the person in question, any part of the sentence already
served by the person shall be taken into account.
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