342Stay of order

342 Stay of order

(1) If an appellant appeals against sentence and is not in custody because of that sentence, the appeal operates as a stay of the sentence (but not a conviction in respect of the sentence) when the appellant—

(a) files the notice of appeal; and

(b) signs the undertaking referred to in section 332(4).

(2) If an appellant appeals against sentence and is in custody because of that sentence, the appeal operates as a stay of the sentence (but not a conviction in respect of the sentence) when—

(a) the appellant files the notice of appeal and signs the undertaking referred to in section 332(4); and

(b) the appellant enters bail, if bail is granted under section 343.

(3) This section is subject to section 29 of the Road Safety Act 1986.