Criminal Procedure Act 2011

Appeals - Further provisions - How appeal affects decisions under appeal

347: Reporting requirement where sentence resumed after unsuccessful or abandoned appeal

You could also call this:

"You must follow the original rules after an unsuccessful appeal if you have community work or detention."

Illustration for Criminal Procedure Act 2011

If you appeal a sentence and it is unsuccessful or abandoned, and you have to do community detention, community work, supervision, or intensive supervision, this section applies to you. You are subject to this under the Sentencing Act 2002. After your appeal, you must report as you were originally told to by the court.

When your sentence starts again, you have to follow the same rules you had to before you appealed. This is stated in section 345. The rules you have to follow are the ones the court told you when they first gave you your sentence, as outlined in the Sentencing Act 2002.

You can find the specific rules you have to follow in sections like section 49(1)(a), 54F(1)(a), 59(a), or 69E(1)(b) of the Sentencing Act 2002. These rules tell you how and when you have to report.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360552.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

346: Registrar to notify resumption of sentence, or

"The court tells you when to start your sentence again after an appeal."

348: How appeal affects non-association orders, or

"What happens to rules about who you can't hang out with when you appeal a court decision"

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

347Reporting requirement where sentence resumed after unsuccessful or abandoned appeal

This section applies if an appeal is unsuccessful or abandoned, and the convicted person is subject to a sentence of community detention, community work, supervision, or intensive supervision under the Sentencing Act 2002.
After the sentence is resumed in accordance with section 345, the convicted person must report in accordance with the same reporting requirement that applied to him or her after that sentence was imposed by the sentencing court (as specified in section 49(1)(a), 54F(1)(a), 59(a), or 69E(1)(b) of the Sentencing Act 2002).