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Section 57

Appeal not to operate as stay of execution

of Courts of Judicature Act 1964

ActIn forceProvision 60 of 102
Section 57
(1)

Except in the cases mentioned in subsection (3) and section 56A, no appeal shall operate as a stay of execution, but the

High Court or the Court of Appeal may stay execution on any judgment, order, conviction, or sentence pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction, or sentence as to the Court may seem reasonable.

(2)

If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the

Court of Appeal otherwise orders.

(3)

In the case of a conviction involving sentence of death or corporal punishment—

(a)

the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given under section 51, or any extension of time which may be permitted under section 56; and

(b)

if notice is so given the sentence shall not be executed until after the determination of the appeal.

Courts of Judicature 43