NTIn ForceAct
Criminal Code Act 1983
425Admission of appellant to bail and custody when attending
Start here
Get a plain-English read of 425
Turn the raw legal text into a practical explanation grounded in Criminal Code Act 1983.
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.