168Release of appellant in custody

168 Release of appellant in custody (1) Where the appellant is in custody or the subject of a non-custodial order in pursuance of the conviction or order appealed against, the Court may, subject to this section, if satisfied that his appeal has been duly instituted, release him on bail in accordance with the Bail Act 1982, subject to an undertaking that he appear before the Court, within 14 days of the day on which the Supreme Court announces its decision on the appeal, to abide the result of the decision, unless the conviction or order is reversed. (2) The appellant shall give the respondent reasonable notice of his intention to apply for release. (3) The respondent may object to the application for release. (4) An appellant who has instituted his appeal and is not released pursuant to this section shall, pending the determination of his appeal and for so long as he is not in custody for some other cause, be treated in the same manner as a person who is committed for trial and is in custody awaiting trial.

Local Court (Criminal Procedure) Act 1928 66 (5) If as a result of his appeal the appellant is required to serve a term of imprisonment, subject to the direction of the Supreme Court, the time during which the appellant is in custody and is specially treated shall count as part of the whole of that term.