If you are on bail while waiting for an appeal, this time does not count as time served for your sentence. You might be released from detention on bail, but this does not mean you are serving your sentence. When you are on bail, it is not considered pre-sentence detention, which is explained in section 91.
This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.
This page was last updated on
View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139375.
94: Time ceases to run in certain circumstances, or
"Time in prison doesn't count in certain situations, like when you escape."
96: Period between quashed sentence and new sentence does not count as time served, or
"Time waiting for a new trial after an old sentence is cancelled doesn't count towards your prison time."
Any time during which an offender is released from detention on bail pending an appeal does not count as time served under any sentence.
To avoid doubt, time spent released from detention on bail is not pre-sentence detention (as defined in section 91).
