Stay of certain orders during appeal period
311 Stay of certain orders during appeal period
This section applies to an order under section 84, 85B or 86 of the Sentencing Act 1991 made by the Supreme Court or the County Court.
Note
See section 83G(1) of the Sentencing Act 1991 in relation to superannuation orders.
Unless the Supreme Court or the County Court otherwise directs, an order referred to in subsection (1) is stayed during the appeal period.
S. 311(3) amended by No. 68/2009 s. 32.
If an order is stayed under subsection (2) and the conviction is set aside on appeal, the order does not take effect unless the Court of Appeal otherwise orders.
The Court of Appeal may set aside or vary an order made by the Supreme Court or the County Court under subsection (2).
Rules of court may provide for securing the safe custody during the appeal period of any property the subject of an order referred to in subsection (1).
This Act’s bill:Explanatory memorandumSecond reading speech
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