(8) There shall be no appeal to a judge of the Supreme Court from a decision or order of a judge of the High Court in terms of paragraph (b) of subsection (2), unless the decision or order relates to the admission or refusal of admission to bail of a person charged with any offence referred to in (a) paragraph 10 of the Third Schedule; or (b) the Ninth Schedule in respect of which the Attorney-General has issued a certificate referred to in subsection (3b) of section thirty-two. [Subsection substituted by section 6 of Act 14 of 2004.] (9) This section shall apply in regard to a private prosecution as if references to the Attorney-General were references to the private party instituting the prosecution. [Section as substituted by section 2 of Act 8 of 1997.] 122 ….. [Section repealed by section 2 of Act 8 of 1997] 123 Power to admit to bail pending appeal or review (1) Subject to this section, a person may be admitted to bail or have his conditions of bail altered— (a) in the case of a person who has been convicted and sentenced or sentenced by the High Court and who applies for bail— (i) pending the determination by the Supreme Court of his appeal; or (ii) pending the determination of an application for leave to appeal or for an extension of time within which to apply for such leave; by a judge of the Supreme Court or the High Court; (b) in the case of a person who has been convicted and sentenced by a magistrates court and who applies for bail— (i) where the record of a case is required or permitted, in terms of section 57 or 58 of the Magistrates Court Act [Chapter 7:10], to be transmitted for review, pending the determination of the review; or (ii) pending the determination by the High Court of his appeal; or (iii) pending the determination of an application for leave to appeal or for an extension of time within which to apply for such leave; by a judge of the High Court or by any magistrate within whose area of jurisdiction he is in custody: [Paragraph amended by section 10 of Act 9 of 1997.] Provided that— (i) the Attorney-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; (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 Attorney-General, admit a person to bail or alter a person’s conditions of bail in respect of an offence specified in the Third Schedule. (2) Sections 117 and 117A shall, with any changes that may be necessary, apply to this section. [Subsection amended by section 12 of Act 9 of 2006.] (3) (4) (5) (6) …. …. …. …. [Subsections 3 - 6 repealed by section 12 of Act 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—