91. Stay of sentence etc.

91. Stay of sentence etc.

(1) On the filing of a notice under section 89, the sentence (other than an order for the cancellation, suspension or variation of the driver licence of the person on whom the sentence was imposed) is stayed until-

(a) the application for rehearing has been heard; and

(b) if a rehearing is granted, the charge has been reheard.

(2) If the driver licence of the person on whom the sentence was imposed has been cancelled, suspended or varied by order of the Magistrates' Court, the applicant may, on or after the filing of a notice under section 89, apply for a stay of the order pending the determination of the rehearing.

(3) An applicant under subsection (2) (other than an informant who is making the application on behalf of the person whose driver licence has been cancelled, suspended or varied) must serve on the informant in accordance with section 391 written notice of the application at least 7 days before making the application.

(4) On an application under subsection (2), the Magistrates' Court may order that the order for the cancellation, suspension or variation of the person's driver licence be stayed until-

(a) the application for rehearing has been heard; and

(b) if a rehearing is granted, the charge has been reheard.