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Criminal Procedure Act 2011

Appeals - Further provisions - How appeal affects decisions under appeal

351: Detention following appeal

You could also call this:

"What happens to you if you're in jail or need to go to jail after a court appeal is decided"

Illustration for Criminal Procedure Act 2011

If you appeal a decision in court, this section applies when the appeal is decided. You might be appealing a conviction, a sentence, or a question of law. This can also happen if you are found in contempt of court or if you abandon your appeal.

If you are not in prison, a police officer can arrest you without a warrant if you need to serve a prison sentence. This can happen if the court that made the original decision or the appeal court says you must go to prison. The police officer can arrest you even if you are not in custody at the time.

If the appeal court changes your sentence or sets it aside, the court will send a notice to the prison manager. If you are in prison and the notice says you should be released, the prison manager must let you go. But if you are in prison for another reason, you will not be released.

The appeal court can also change the details of your sentence, like how long you must stay in prison. In this case, the court will send a notice to the prison manager with the new details. The prison manager will then make sure your sentence is changed according to the notice.

All these rules also apply if you are found in contempt of court, which means you did something to disrespect the court. You can find similar information in the Criminal Justice Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360556.

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

351Detention following appeal

  1. This section applies on—

  2. the determination of an appeal under this Part against conviction or sentence or on a question of law:
    1. the determination of an appeal under this Part against a finding of, or sentence for, contempt of court:
      1. abandonment of an appeal under this Part.

        1. If the convicted person is not in custody, a constable or officer of a prison may arrest the convicted person without warrant if, under the determination appealed against or the determination of the appeal court, the person is liable to be detained to serve a sentence of imprisonment.

        2. If the appeal court sets aside the convicted person's sentence of imprisonment and does not impose another sentence of imprisonment or remit the proceeding for sentence,—

        3. the Registrar of the appeal court must send to the manager of the prison in which the person sentenced is detained or from which he or she was released on bail a notice setting out the result of the appeal; and
          1. if that person is in the custody of the manager and is not in custody for any other matter, he or she must be released.

            1. If the appeal court varies a sentence of imprisonment imposed by the court appealed from or amends the conviction for which a sentence of imprisonment was imposed by that court,—

            2. the Registrar of the appeal court must send to the manager of the prison in which the person sentenced is detained or from which he or she was released on bail a notice setting out the result of the appeal; and
              1. the committal order for the sentence of the court appealed from has effect as if it were amended in accordance with the notice.

                1. Subsections (2) to (4) apply to a finding of, or sentence for, contempt of court with the necessary modifications.

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