South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 170

170—Admission of appellant to bail and custody when attending Court

        (1)         An appellant who is not admitted to bail must, pending the determination of his appeal, be treated in such manner as may be directed by or under the Acts regulating prisons.

        (2)         The Court of Appeal may, if it thinks fit, on the application of an appellant, admit the appellant to bail pending the determination of the appeal or, where a new trial is directed, until the commencement of the new trial.

        (3)         The time during which an appellant, pending the determination of the appeal or pending a new trial, is admitted to bail under this section will not count as part of any term of imprisonment under the appellant's sentence and any imprisonment of the appellant (whether under the sentence passed by the court of trial or the sentence passed by the Court of Appeal) will, subject to any directions of the Court of Appeal, be deemed to be resumed or to begin to run, as the case requires—

            (a)         if the appellant is in custody—as from the day on which the appeal is determined; or

            (b)         if the appellant is not in custody—as from the day on which the appellant is received into prison under the sentence.

        (4)         Where a question of law is reserved under this Part, this section applies to the person in relation to whose conviction the question is reserved as it applies to an appellant.