Section 174: Release on Bail Pending Confirmation

(1)Whenever a magistrate’s court passes a sentence which requires confirmation, the court imposing the sentence may, in its discretion, release the person sentenced on bail pending confirmation or such other order as the confirming court may make.

(2)If the person sentenced is so released on bail as aforesaid, the term of imprisonment shall run from the date upon which the person is received into prison after confirmation or other order imposing imprisonment made by the confirming court.

(3)If the person sentenced is not released on bail, he or she shall start to serve his or her sentence, pending confirmation or other order of the confirming court, as from the date upon which he or she is sentenced by the magistrate’s court, unless he or she elects to postpone serving his or her sentence until the confirming court confirms the sentence or makes such other order, in which case the person shall be remanded to prison pending that confirmation or other order of the confirming court and the term of imprisonment shall run from the date upon which the confirming court makes its order.

(4)Subject to section 50(2) of the Criminal Procedure Code Act, the High Court may exercise the same powers in confirmation as are conferred upon it in revision by Part III of that Act.

(5)The High Court may, in its discretion, where no order has been made under subsection (1) by the convicting court, release the person sentenced on bail pending its decision.