Section 16: Bail and custody of appellant
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
16. Bail and custody of appellant
(1) An appellant who is not admitted to bail shall, pending the determination of his appeal, be treated in like manner as prisoners awaiting trial.
(2) The Court may, if it thinks fit, on the application of an appellant, admit the appellant to bail pending the determination of his appeal, in accordance with the Bail Act.
(3) The time during which an appellant, pending the determination of his
appeal, is admitted to bail, and subject to any directions which the Court
may give to the contrary on any appeal, the time during which the appellant,
if in custody, is specially treated under this section, shall not count as part of
any term of imprisonment or penal servitude under his sentence, and, in the
case of an appeal under this Act, any imprisonment or penal servitude under
the sentence of the appellant, whether it is the sentence passed by the Court
of trial or the sentence passed by the Court shall, subject to any directions
which may be given by the Court, be deemed to be resumed, or to begin to
run, as the case requires, if the appellant is in custody, from the day on
which the appeal is determined, and, if he is not in custody, from the day on
which he is received into prison under the sentence.
C56 – 7 [Issue 6]
Criminal Appeal Act
(4) Where a case is stated under section 168B of the Criminal Procedure
Act, this section shall apply to the person in relation to whose conviction the
case is stated as it applies to an appellant.
(5) The President may make regulations to provide for the manner in
which an appellant, when in custody, is to be brought to any place at which
he is entitled to be present for the purposes of this Act, or to any place to
which the Court or any Judge of the Court may order him to be taken for the
purpose of any proceedings of that Court, and for the manner in which he is
to be kept in custody while absent from prison for the purpose and an appellant whilst in custody in accordance with those rules shall be deemed to be
in legal custody.
[S. 16 amended by Act 48 of 1991; s. 13 (1) of Act 34 of 2011 w.e.f. 1 January 2012.]