Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 2.28

Fine and imprisonment in default—fine paid to be retained pending appeal

    (1)     If a person has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment, the person authorised to receive the fine shall retain it until determination of any related appeal.

    (2)     Subject to any order of the Court of Appeal, a person who has paid a fine in accordance with a sentence shall, if the appeal is successful, be entitled to the return of the fine paid.

    (3)     A person who remains in custody in default of payment of a fine shall be taken to be a person sentenced to imprisonment for the purposes of the Act and this Order.



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