s.33Convicted prisoners who have appealed
33
Section 33Part 2 — Execution of sentences and care of detainees

Convicted prisoners who have appealed

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A convicted prisoner who has appealed against that prisoner's conviction or sentence may elect in writing to —
commence that prisoner's sentence pending that prisoner's appeal, in which case that prisoner shall wear prison clothing and shall, for the purposes of this Act, be treated in all respects as if that prisoner was not appealing, in which case that prisoner's time spent in prison counts towards that prisoner's sentence; or
retain that person's status as a prisoner awaiting trial, in which case that prisoner shall for the purposes of this Act be treated in all respects as a prisoner on remand, but if that prisoner's appeal is unsuccessful that prisoner's time spent in prison since lodging that prisoner's appeal shall not, unless the court shall otherwise direct, count towards that prisoner's sentence.
If, on appeal, that prisoner's sentence is quashed that prisoner shall be treated as a prisoner who has been remanded in custody and has opted for work under section 32 and has been acquitted.
An election in writing made under subsection (1) cannot be revoked.

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