Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-16

309. Sentence not stayed during appeal period

309. Sentence not stayed during appeal period

(1) A sentence is not stayed during the appeal period unless—

(a) this Act or any other Act otherwise provides; or

(b) an order is made under subsection (2).

(2) The trial judge or, if a notice of appeal or notice of application for leave to appeal is filed, the Court of Appeal may stay a sentence if satisfied that it is in the interests of justice to do so.

Note

See the definition of sentence in section 3.

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