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Criminal Procedure Act 2011

Appeals - Further provisions - How appeal affects decisions under appeal

344: Issue of committal order for detention of convicted person

You could also call this:

"What happens if you appeal a prison sentence and need to be detained while you wait"

Illustration for Criminal Procedure Act 2011

If you have been sentenced to imprisonment and you or the other party appeals, this section applies to you. The court that sentenced you must issue an order to keep you in detention, even though there is an appeal. This order is like a warrant that says you must be detained.

If you are released on bail before the order is enforced, the order is put on hold until the appeal is decided or withdrawn. You will not be detained until the appeal is finished. The court's order is suspended while you are on bail.

The rules about this are similar to rules in the past, such as in the Public Works Act 1986, but this section is about what happens when someone appeals a sentence. You can be detained even if you appeal your sentence. The court's decision about detention is part of the appeal process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360549.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"What happens to your sentence when you appeal"

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Part 6Appeals
Further provisions: How appeal affects decisions under appeal

344Issue of committal order for detention of convicted person

  1. This section applies if a notice of an appeal or notice of an application for leave to appeal is filed by either party under this Part and the convicted person has been sentenced to imprisonment under the determination to which the appeal relates.

  2. The sentencing court must issue a committal order in the form of a warrant, writ, order, direction, or authority requiring the detention of the convicted person, despite the appeal.

  3. However, if the convicted person is released on bail before the committal order is enforced, the order is suspended until the appeal has been determined or abandoned.

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