JUSTICES ACT 1902 - SECT 107 Stay of execution of conviction, order or sentence pending appeal
This legislation has been repealed.
JUSTICES ACT 1902 - SECT 107
Stay of execution of conviction, order or sentence pending appeal107 Stay of execution of conviction, order or sentence pending appeal
(1) The execution of a sentence imposed as a consequence of a conviction, or of any other order, is stayed when a notice of appeal is given in accordance with this Division.
(2) Subsection (1) does not apply to an appellant who is in custody when the appeal is made unless and until the appellant enters into a bail undertaking in accordance with the Bail Act 1978 , or bail is dispensed with.
(3) The stay of execution continues until the appeal is finally determined, subject to any order or direction of the Supreme Court and section 111 (3).
(4) Despite subsection (1), any period during which the stay is in force is not to be taken into account when calculating the length of a period of disqualification from holding a driver licence resulting from a conviction under the road transport legislation within the meaning of the Road Transport (General) Act 1999 .
(5) An application for leave to appeal does not result in a stay of execution under this section.
(6) In this section, a reference to an appellant who is in custody includes a reference to person who is the subject of an order for periodic detention under the Periodic Detention of Prisoners Act 1981 or a home detention order within the meaning of the Home Detention Act 1996 .