311. Stay of certain orders during appeal period

311. Stay of certain orders during appeal period

(1) This section applies to an order under section 84, 85B or 86 of the Sentencing Act 1991 made by the Supreme Court or the County Court.

Note

See section 83G(1) of the Sentencing Act 1991 in relation to superannuation orders.

(2) Unless the Supreme Court or the County Court otherwise directs, an order referred to in subsection (1) is stayed during the appeal period.

(3) If an order is stayed under subsection (2) and the conviction is set aside on appeal, the order does not take effect unless the Court of Appeal otherwise orders.

(4) The Court of Appeal may set aside or vary an order made by the Supreme Court or the County Court under subsection (2).

(5) Rules of court may provide for securing the safe custody during the appeal period of any property the subject of an order referred to in subsection (1).

This section is principally directed at orders for restitution and compensation. They are stayed until an appeal has been decided, unless the court otherwise directs.