(1)An appeal shall not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non-performance of an act or the suffering of a punishment imposed by the judgment, sentence or order as to the court seem reasonable.
Section history
Section 383 — Stay of execution pending appeal
As in force on 20 December 2011.
Timeline 4 versions
- 2 January 2011 Enacted
- 20 December 2011 You are here
- 1 January 2013 Act 30 of 2012, Act 33 of 2012
- 31 December 2021 Revised edition
- 17 August 2026 Latest
(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 appellate court orders otherwise.
(3)In the case of a conviction involving a sentence of death, the execution of the sentence of death must not be carried out until —
(a)after the time allowed under this Code for appeal; or
(b)if an appeal is made within the time allowed under this Code for appeal, after the sentence is confirmed by the appellate court.