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Courts of Justice Act, 1928

Execution of sentence in case of appeal to the Court of Criminal Appeal.

6.—(1) In the case of a sentence of death or corporal punishment—

(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of an application for leave to appeal to the Court of Criminal Appeal may be given in accordance with Rules of Court, and

(b) if such notice is so given, the appeal or the application for leave to appeal shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal, or, in cases where an application for leave to appeal is refused, of the application.

(2) Where in the case of a conviction involving sentence of death the appeal is dismissed or the application for leave to appeal is refused by the Court of Criminal Appeal, the Court shall fix a day for the execution of the sentence which day shall not be less than 14 or more than 18 clear days after the day when the appeal is dismissed or the application for leave to appeal is refused, and the sentence pronounced at the trial shall have effect as if, for the day therein mentioned, the day fixed in pursuance of this sub-section were substituted.