Criminal Appeal (Northern Ireland) Act 1980

29 Computation of sentence.U.K.

(1)The time during which an appellant, pending the determination of his appeal, is not detained in custody shall not count as part of any term of imprisonment or detention under his sentence.

(2)The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.

(3)Where the Court gives a direction under subsection (2) of this section, the Court shall state the reasons for giving it and the Court shall not give any such direction where—

(a)leave to appeal has been granted; or

(b)a certificate has been given under section 1 of this Act; or

(c)the case has been referred to the Court under [F1section 10 of the Criminal Appeal Act 1995].

(4)The term of any sentence passed by the Court in the exercise of its powers under section 13(2) of this Act shall, unless the Court otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.

Textual Amendments

F1Words in s. 29(3)(c) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 12(5); S.I. 1997/402, art. 3(e)