GENEVA CONVENTIONS ACT 1957 - SECT 13 Appeals by protected prisoners of war and internees

GENEVA CONVENTIONS ACT 1957 - SECT 13

  (1)   Where a protected prisoner of war or a protected internee has been sentenced by a court to imprisonment for a term of 2 years or more, any time allowed in relation to the institution of an appeal against the conviction or sentence shall be deemed to continue to run until the day on which the convicted person receives a notice given:

  (a)   in the case of a protected prisoner of war--by an officer in the Defence Force; or

  (b)   in the case of a protected internee--by or on behalf of the governor or other person in charge of the prison or place in which he or she is confined;

that the protecting power has been notified of his or her conviction and sentence, and for such further time as would have been within the time allowed if the conviction or sentence had taken place or been pronounced on that day.

  (2)   Where, after an appeal against the conviction or sentence by a court of a protected prisoner of war or a protected internee has been determined, the sentence remains or has become a sentence of imprisonment for a term of 2 years or more, any time allowed in relation to a further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal shall be deemed to continue to run until the day on which the convicted person receives a notice given by a person referred to in paragraph   ( 1)(a) or (b), as the case may require, that the protecting power has been notified of the decision of the court upon the previous appeal, and for such further time as would have been within the time allowed if that decision had been pronounced on that day.

  (3)   Where subsection   ( 1) applies in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and a provision of a law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his or her conviction or sentence is possible without an extension of time other than the extension provided by subsection   ( 2).

  (5)   Subsections   ( 1), (2) and (3) do not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power.