Criminal Appeals Act 2004

This section applies when the Supreme Court gives leave to appeal against a decision unless and to the extent that an order made under section 12 provides otherwise.

After leave to appeal against a decision is given and until the appeal is concluded, no warrant or order to enforce the decision shall be issued, and no action to enforce the decision shall be taken, except to enforce a sentence or order referred to in subsection (6).

Any disqualification from holding or obtaining a licence to drive a vehicle under a road law as defined in the Road Traffic (Administration) Act 2008 section 4, or under the Sentencing Act 1995 Part 15, in respect of a conviction that is the subject of an appeal is suspended until the appeal is concluded.

Any period during which the disqualification is so suspended must not be taken into account in calculating the period of the disqualification.

Subject to subsection (6) and the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 101B, any sentence imposed, or any other order made, under the Sentencing Act 1995, the Young Offenders Act 1994, or any other written law, is suspended until the appeal is concluded.

Subsection (5) does not apply to —

a sentence of imprisonment, whether or not it is suspended under the Sentencing Act 1995 Part 11 or is indefinite imprisonment imposed under Part 14 of that Act; and

a sentence of detention under the Young Offenders Act 1994; and

an order of forfeiture; and

a custody order or a community supervision order under the Criminal Law (Mental Impairment) Act 2023.

At any time after an appeal under this Division is commenced against a decision of a court of summary jurisdiction, the Supreme Court may make any order it thinks fit that suspends or continues in effect until the appeal is concluded —

the decision;

any sentence imposed, or order made, by the court of summary jurisdiction as a result of the decision;

any statutory consequence of the decision.

The Supreme Court may amend or cancel an order made under this section at any time.

An order may be made under this section before or after the Supreme Court decides whether or not to give leave to appeal.

If the Supreme Court makes, amends or cancels any such order, it must give a copy of the order —

to the court of summary jurisdiction concerned; and

if the order relates to the statutory consequence of the decision being appealed, to any person who under a written law is required to register the statutory consequence.

Despite subsections (1) and (2), if an appellant or respondent is serving a sentence of imprisonment —

the sentence must not be suspended unless he or she is granted bail under the Bail Act 1982; and

he or she must not be released from custody until he or she becomes entitled to be released under that Act.

Despite subsections (1) and (2), if an appellant or respondent is subject to a custody order or community supervision order under the Criminal Law (Mental Impairment) Act 2023, the order must not be suspended under this section.

If an appeal is commenced against a decision involving or giving rise to the imposition of a fine (as defined in the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 28(1)), an order cannot be made under this section.

An order made under this section has effect despite section 11.