(1)An appeal shall2021does2021 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-performance2021non‑performance2021 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
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(2)If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall2021is to2021 be excluded in computing the term of his or her 2021sentence unless the appellate court orders otherwise.
Subsection (3) — Original text to 1 January 2013superseded
(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.
Subsection (3) — From 1 January 2013 (current)rewritten by Misuse of Drugs (Amendment) Act 2012, Criminal Procedure Code (Amendment) Act 2012
(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 after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the accused or a petition for confirmation by the Public Prosecutor.