Criminal Code Act 1983
425Admission of appellant to bail and custody when attending
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425 Admission of appellant to bail and custody when attending Court (1) An appellant who is not admitted to bail shall, pending the determination of his appeal, be treated in such manner as may be directed by regulations made under the Correctional Services Act 2014. (2) The time during which an appellant, pending the determination of his appeal, is liberated on bail and, subject to any directions that the Court may give to the contrary on any appeal, the time during which an appellant, if in custody, is specially treated as an appellant under this section, shall not count as part of any term of imprisonment under his sentence. (3) Any imprisonment under such sentence, whether it is the sentence passed by the court of trial or the sentence passed by the Court, shall, subject to any directions that the Court may give as aforesaid, be deemed to be resumed or to begin to run, if the appellant is in custody, as from the day on which the appeal is determined and if he is not in custody as from the day on which he is received into a custodial correctional facility under the sentence. (4) Provision shall be made by regulations under the Correctional Services Act 2014 for the manner in which an appellant, when in
Criminal Code Act 1983 316 custody, is to be brought to any place where he is entitled to be present, or ordered to be taken, for the purposes of this Division and for the manner in which he is to be kept in custody whilst absent from a custodial correctional facility for the purpose; and an appellant whilst in custody in accordance with those regulations shall be deemed to be in legal custody.