(1) Except as otherwise provided in this Act or in rules of court, no sentence shall be suspended by reason of any appeal under this Part, unless the court expressly so directs.
(3) Where on any conviction to which any appeal relates the court has sentenced the accused to supervision, intensive supervision, community detention, or home detention, the term of the sentence shall cease to run on the day on which notice of appeal or of application for leave to appeal is given.
(4) If in any case to which subsection (3) applies—
the term of the sentence as specified by the High Court or as varied by the Court of Appeal or the Supreme Court, as the case may be, shall be resumed from the date of such dismissal, refusal, or determination.
(4A) If on any conviction to which any appeal relates the court has sentenced the accused to community work, the period during which the community work is to be done ceases to run on the day on which notice of appeal or application for leave to appeal is given.
(4B) In any case to which subsection (4A) applies,—
(c) if, when the appeal is determined neither the sentence of community work nor the conviction on which it was made is set aside, the period during which the work is to be performed resumes running from the date of the determination.
(4G) Where on any conviction to which any appeal relates the court has made a non-association order in respect of the accused, the period of non-association shall cease to run on the day on which notice of appeal or of application for leave to appeal is given.
(4H) If in any case to which subsection (4G) applies—
the period of non-association as specified by the High Court or as varied by the Court of Appeal or the Supreme Court, as the case may be, shall resume from the date of such dismissal, refusal, or determination.
(5) Where any person is fined for contempt of court and has a right of appeal under section 384, nothing in section 20 of the Crown Proceedings Act 1950 shall apply until the time specified in this Act for giving notice of appeal or of an application for leave to appeal has expired, or, if any such notice is given, until the appeal has been determined or otherwise disposed of. If on the determination of the appeal the decision appealed against is not set aside and the amount of the fine imposed by the High Court is varied by the Court of Appeal or the Supreme Court, the amount for which final judgment may be signed under the said section 20 shall be varied accordingly.
Compare: 1908 No 32 s 448; 1920 No 15 s 4
Section 399(2): repealed, on 26 December 1989, by section 3(1)(a) of the Abolition of the Death Penalty Act 1989 (1989 No 119).
Section 399(3): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 399(3): amended, on 1 October 1985, by section 14(1) of the Crimes Amendment Act (No 2) 1985 (1985 No 121).
Section 399(4): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
Section 399(4): amended, on 1 October 1985, by section 14(2)(b) of the Crimes Amendment Act (No 2) 1985 (1985 No 121).
Section 399(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
Section 399(4)(c): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 399(4)(c): amended, on 1 October 1985, by section 14(2)(a) of the Crimes Amendment Act (No 2) 1985 (1985 No 121).
Section 399(4A): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 399(4B): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 399(4C): repealed, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 399(4D): repealed, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 399(4E): repealed, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 399(4F): repealed, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 399(4G): inserted, on 5 June 1989, by section 2 of the Crimes Amendment Act 1989 (1989 No 22).
Section 399(4H): inserted, on 5 June 1989, by section 2 of the Crimes Amendment Act 1989 (1989 No 22).
Section 399(4H): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
Section 399(5): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
Section 399(5): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
Section 399(6): repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).
Section 399(7): repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).