When an application for restoration of the right of appeal is made, what may the court order, and when must it issue a detention warrant?
General information · Not legal advice
Material to check
The practice file holds the application for restoration of the right of appeal and the date it was filed, any ruling the court has made on that application, and papers showing whether the accused's detention would be needed to give effect to the stay, including material on the detention conditions the provision cross-refers to.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading gives the whole rule: on an application for restoration of the right of appeal the court may stay execution of the judgment until it decides that application, and where that stay requires the accused's detention the court must issue a detention warrant, but only where the cross-referenced detention conditions are met.
Another reading separates the two paragraphs: the stay itself rests only on the application having been made, with no condition about who applied, whereas the duty to issue a warrant is written only for the case where the accused's detention is required, so the cross-referenced detention conditions govern the warrant rather than the stay.
Your judgment
Once the court has decided the restoration application, what in the file shows whether execution may resume and on what date?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change when a stay may be ordered or which detention conditions apply, or if a court decision explains what a stay suspends and what becomes of it after the restoration application is decided.