CRIMINAL PROCEDURE AND EVIDENCE ACT (i) the Prosecutor-General, in the case of any application to a judge in terms of this subsection, or the local public prosecutor, in the case of any application to a magistrate in terms of this subsection, shall be given reasonable notice of any such application; [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (ii) where an application in terms of this subsection is determined by a judge or magistrate, a further application in terms of this subsection may only be made, whether to the judge or magistrate who has determined the previous application or any other judge or magistrate, if such application is based on facts which were not placed before the judge or magistrate who determined the previous application and which have arisen or been discovered after that determination. (iii) a magistrate shall not, without the consent of the Prosecutor-General, admit a person to bail or alter a person’s conditions of bail in respect of an offence specified in the Third Schedule. [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (2) Sections 117 and 117A shall, with any changes that may be necessary, apply to this section. [Subsection as substituted by s. 12 of Act No. 9 of 2006] (3) – (6) [Subsections repealed by s. 12 of Act No. 9 of 2006] (7) If a judge or magistrate refuses an application for bail referred to in subsection (1), he may— (a) direct that the person be treated as an unconvicted prisoner pending the determination of his appeal, application or review, as the case may be; or (b) postpone the payment of any fine. (8) The time during which a person, pending the determination of an appeal, application or review, is— (a) admitted to bail; or (b) subject to any direction which the Supreme Court or High Court may give to the contrary on any appeal or review, treated as an unconvicted prisoner in terms of this section; shall not count as part of any term of imprisonment under his sentence. (9) The term of imprisonment of a person shall be resumed or begin to run, as the case requires— (a) if such person is treated as an unconvicted prisoner in terms of this section, subject to any directions which the Supreme Court or the High Court may give to the contrary, as from the day on which the appeal, application or review is determined; or (b) if such person is admitted to bail in terms of this section, as from the day on which he is received into prison under his sentence. (10) A recognizance shall be taken on the admission of a person to bail either from that person alone or from him and one or more sureties, in the discretion of the judge or magistrate according to the nature and circumstances of the case, and it shall be a condition of such recognizance that the person shall, upon service on or for him at some place to be mentioned in the recognizance of a notice signed by the registrar of the High Court or, where the conviction or sentence appealed against took place in a magistrates court, by the clerk of that court informing that person of the decision of the High Court or the Supreme Court, as the case may be— (a) pay the fine, if any, due by him within such time and to such person as shall be specified in the notice; or (b) surrender himself within such time and to such person as shall be specified in the notice in order to undergo any other punishment which he is liable to undergo, and the judge or magistrate may add any or all of the conditions mentioned in subsection (3) of section one hundred and eighteen which he may think necessary or advisable to impose. 63