Criminal Code Act 1899

An appellant who is not granted bail shall, pending the determination of the appeal or subsequent appeal, be treated in such manner as may be directed under the laws relating to prisons.

The period the appellant is in custody pending the determination of the appeal or subsequent appeal counts as part of any term of imprisonment under the appellant’s sentence.

If an appellant is released on bail pending the determination of the appeal or subsequent appeal—

the period the appellant is released on bail does not count as part of any term of imprisonment under the appellant’s sentence, whether passed by the court of trial or the Court; and

the appellant’s imprisonment under the appellant’s sentence resumes or begins to run, as the case requires, on the day the appellant is received into prison under the appellant’s sentence.

Provision shall be made under the laws relating to prisons for the manner in which an appellant, when in custody, is to be brought to any place where the appellant is entitled to be present, or ordered to be taken, for the purposes of this chapter, and for the manner in which the appellant is to be kept in custody whilst absent from prison for the purpose; and an appellant whilst in custody in accordance with those laws shall be deemed to be in legal custody.

Where pursuant to an appeal to the Court by the Attorney-General against sentence the Court varies the sentence—

by imposing a term of imprisonment; or

in a case where the court of trial imposed a term of imprisonment—by increasing the term of imprisonment imposed;

then, subject to any order the Court may make or any direction it may give to the contrary in the circumstances—

the term of imprisonment referred to in paragraph (a) shall commence from the time the person in question is received into prison pursuant to the decision of the Court or, where that person is already in prison in respect of imprisonment arising out of another matter, from the date of the decision of the Court;

in the service of the increased term of imprisonment referred to in paragraph (b) by the person in question, any part of the sentence already served by the person shall be taken into account.

sch 1 pt 8 ch 67 ch div 4 s 671G ins 1913 4 Geo 5 No. 23 ss 3, 20