Criminal Appeal Act 1968
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Change 1
29 Effect of appeal on sentence.
(1) The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject. (2) Where the Court of Appeal give a contrary direction under subsection (1) above, they shall state their reasons for doing so; and they shall not give any such direction where— (a) leave to appeal has been granted; or (b) a certificate has been given by the judge of the court of trial under— (i) section 1 or 11(1A) of this Act; or (ii) section 81(1B) of the Senior Courts Act 1981; or (c) the case has been referred to them under section 9 of the Criminal Appeal Act 1995. (3) When an appellant is granted bail under section 19 of this Act, the time during which he is released on bail shall be disregarded in computing the term of any sentence to which he is for the time being subject. (4) The term of any sentence passed by the Court of Appeal under section 3, 4, 5, 11 or 13(4) of this Act shall, unless the Court otherwise direct, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
29 Effect of appeal on sentence.
(1) The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject. (2) Where the Court of Appeal give a contrary direction under subsection (1) above, they shall state their reasons for doing so; and they shall not give any such direction where— (a) leave to appeal has been granted; or (b) a certificate has been given by the judge of the court of trial under— (i) section 1 or 11(1A) of this Act; or (ii) section 81(1B) of the Senior Courts Act 1981; or (c) the case has been referred to them under section 9 of the Criminal Appeal Act 1995. (3) When an appellant is granted bail under section 19 of this Act, the time during which he is released on bail shall be disregarded in computing the term of any sentence to which he is for the time being subject. (4) The term of any sentence passed by the Court of Appeal under section 3, 4, 5, 11 or 13(4) of this Act shall, unless the Court otherwise direct, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
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