Victorian Numbered Acts Victorian Numbered ActsFor section 264 of the Criminal Procedure Act 2009 substitute —
(1) This section applies—
(a) if a person—
(i) applies under section 254 for leave to appeal against conviction; or
(ii) appeals under section 254 against a conviction or a sentence or both; and
(b) whether or not the person is in custody because of the relevant sentence , being—
(i) if the person is appealing against a conviction, or applying for leave to appeal against a conviction, the sentence in respect of that conviction; or
(ii) if the person is appealing against a sentence, that sentence.
(2) The appeal or application for leave to appeal operates as a stay of the relevant sentence (but not any conviction).
(3) The stay of the relevant sentence operates from—
(a) if the person is not in custody because of that sentence, the time when the person files the notice of appeal or application for leave to appeal and signs the undertaking referred to in section 255(7); or
(b) if the person is in custody because of that sentence, the time when—
(i) the person files the notice of appeal or application for leave to appeal and signs the undertaking referred to in section 255(7); and
(ii) the person enters bail, if bail is granted under section 265.
(4) The stay of the relevant sentence operates until the determination of the appeal or the refusal of the application for leave to appeal.
(5) To avoid doubt, if—
(a) an Act provides that—
(i) an order may be appealed against as if it were a sentence; or
(ii) an order may be appealed in the same manner in which a sentence may be appealed; and
(b) a person appeals against the order or applies for leave to appeal against the order—
this section applies to that order in the same way that it applies to a sentence.
(6) Nothing in subsection (5) limits the application of any other provision of this Part to an appeal against an order referred to in that subsection.
(7) This section is subject to section 29 of the Road Safety Act 1986 .".