The athlete, who admitted shooting his girlfriend Reeva Steenkamp in February 2013, was due to be released in August after just 10 months in prison - but this decision was overturned at the last minute.
Despite facing another trial over the killing of Steenkamp, Pistorius is still eligible for release under house arrest, where he could serve out the remainder of his short sentence.
This week Pistorius’s lawyers filed papers to say the star ‘cannot afford’ another trial - should he be re-tried.
Writing to South Africa’s Supreme Court of Appeal, Pistorius’s lawyer Barry Roux said his financial ability to pay for a second trial was ‘non-existent.’
He added that the intense public scrutiny of the first trial means the trial would be ‘contaminated’ and that Pistorius may face the risk of double jeopardy if he is charged with murder again on the same evidence.
The Prosecution are campaigning to have Oscar’s conviction upgraded from Culpable Homicide to Murder, stating that the Judge incorrectly applied legal principle when reaching the verdict.
Pistorius maintains that he shot his model girlfriend Reeva by mistake, after believing there was intruder in his Pretoria mansion.
Firing through a locked bathroom door, Reeva was struck in her head and upper body on Valentine’s Day 2013, dying at the scene.