Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 67 Appeal—pardon[s 671G](3) If an appellant is released on bail pending the determination ofthe appeal—(a) the period the appellant is released on bail does notcount as part of any term of imprisonment under theappellant’s sentence, whether passed by the court of trialor the Court; and(b) the appellant’s imprisonment under the appellant’ssentence resumes or begins to run, as the case requires,on the day the appellant is received into prison under theappellant’s sentence.(4) Provision shall be made under the laws relating to prisons forthe manner in which an appellant, when in custody, is to bebrought to any place where the appellant is entitled to bepresent, or ordered to be taken, for the purposes of thischapter, and for the manner in which the appellant is to bekept in custody whilst absent from prison for the purpose; andan appellant whilst in custody in accordance with those lawsshall be deemed to be in legal custody.(5) Where pursuant to an appeal to the Court by theAttorney-General against sentence the Court varies thesentence—(a) by imposing a term of imprisonment; or(b) in a case where the court of trial imposed a term ofimprisonment—by increasing the term of imprisonmentimposed;then, subject to any order the Court may make or any directionit may give to the contrary in the circumstances—(c) the term of imprisonment referred to in paragraph (a)shall commence from the time the person in question isreceived into prison pursuant to the decision of theCourt or, where that person is already in prison inrespect of imprisonment arising out of another matter,from the date of the decision of the Court;(d) in the service of the increased term of imprisonmentreferred to in paragraph (b) by the person in question,Current as at 1 December 2014 Page 441