60Surrender of appellant released on bail from sentence of home detention

1. An appellant who has been released from a sentence of home detention on bail pending the hearing of an appeal may surrender himself or herself and apply to a District Court Judge for the discharge of bail, and the District Court Judge may order that the appellant resume serving the sentence of home detention.

2. If an appellant applies for the discharge of bail under subsection (1), the District Court Judge may,—

3. if the appellant has been on bail for longer than 2 months, adjourn the matter to enable a probation officer to obtain the information required under subsection (3); and
4. either—
   1. remand the appellant in custody; or
   2. grant the appellant bail for the period of the adjournment.

5. Before ordering that an appellant resume serving a sentence of home detention under subsection (1), the District Court Judge must, if the appellant has been on bail for longer than 2 months, consider information from a probation officer on—

6. whether the home detention residence is still available and suitable; and
7. whether every relevant occupant (as defined in section 26A(4)(a) of the Sentencing Act 2002) of the home detention residence consents, in accordance with section 26A(3)(d) of the Sentencing Act 2002, to the appellant resuming the sentence at the home detention residence.

8. If a District Court Judge orders that the appellant resume serving the sentence of home detention,—

9. the appellant must go to and remain at the home detention residence unless absent in accordance with section 80C(3)(a) or (b) of the Sentencing Act 2002; and
10. the sentence of home detention resumes when the appellant has arrived at the home detention residence under paragraph (a).