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Magistrates Court Act 1930
216Stay of execution pending appeal in certain cases
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216 Stay of execution pending appeal in certain cases
(1) If a person (the appellant) appeals under this division—
(a) the enforcement or execution of the decision, conviction, order,
sentence or penalty that is the subject of the appeal is stayed until
the appeal is decided or is abandoned or discontinued; and
(b) if the appellant is in custody—the appellant may, if not detained
for another reason, apply for bail under the Bail Act 1992.
(2) Unless the appellant is detained for another reason, the appellant
remains in the custody of the person who had custody of the appellant
immediately before the enforcement or execution of the conviction or
sentence was stayed until—
(a) the appellant is granted bail under the Bail Act 1992; or
(b) the appellant is remanded in custody.