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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 154

Abandonment of appeal to county court or by way of case stated.

154.(1) Where a person who has been sentenced to imprisonment by a
magistrates' court appeals to the county court or, by way of case stated under
this Part or under section 2 of the County Court Appeals Act (Northern
Ireland) 1964, to the Court of Appeal

(a)the time during which the appellant, pending the determination of his
appeal, is not detained in custody shall not count as part of any term of
imprisonment under his sentence;

(b)the time during which the appellant is in custody pending the determination
of his appeal shall subject to any direction which the county court or, as the
case may be, the Court of Appeal may give to the contrary, be reckoned as part
of any sentence to which he is for the time being subject.

(2) When the county court or the Court of Appeal gives a direction under
subsection (1)(b), it shall state its reasons for giving it.

(3) The term of any sentence passed by the county court or the Court of Appeal
in exercise of its powers under this Part or under any other statutory
provision (as defined in section 1 (f) of the Interpretation Act (Northern
Ireland) 1954) shall, unless the county court or, as the case may be, the
Court of Appeal 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.]

1980 NI 3



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