(1) Before section 265(1) of the Criminal Procedure Act 2009 insert —
"(1AA) This section applies if—
(a) an appellant is in custody because of a sentence in respect of a conviction; and
(b) the person is appealing, or has applied for leave to appeal, against either the conviction or the sentence.".
(2) In section 265(1) of the Criminal Procedure Act 2009 , for "If an appellant is in custody because of the sentence appealed against and wishes to be released pending the appeal, the appellant—" substitute "The appellant—".