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Criminal Procedure Act 2011

Appeals - Further provisions - How appeal affects decisions under appeal

345: How appeal affects community-based sentences

You could also call this:

"What happens to your community-based sentence when someone appeals"

Illustration for Criminal Procedure Act 2011

If you are given a community-based sentence, like community detention, community work, supervision, or intensive supervision under the Sentencing Act 2002, it stops on the day someone files a notice of appeal. You do not have to keep following the sentence until the appeal is decided. The sentence will start again from the date the appeal is dismissed, abandoned, or decided, if your conviction is not set aside.

If someone appeals and the appeal court makes changes to your sentence, the new sentence will start from the date the appeal is decided, if your conviction is not set aside. The sentence will also start again if the appeal is dismissed or abandoned, or if the court refuses to let you appeal. This means you will have to follow the sentence again after the appeal is finished.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360550.

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

345How appeal affects community-based sentences

  1. On a conviction to which an appeal relates where the court appealed from sentenced the convicted person to community detention, community work, supervision, or intensive supervision under the Sentencing Act 2002, that sentence ceases to run on the day on which notice of appeal or of application for leave to appeal is filed.

  2. A sentence to which subsection (1) applies, as imposed by the court appealed from or as varied by the appeal court, as the case may be, is resumed from the date on which—

  3. the appeal is dismissed or abandoned; or
    1. leave to appeal is refused; or
      1. the appeal is decided, if neither the sentence nor the conviction on which it was made is set aside.

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