Part 1General provisions regarding bail
14Exercise of discretion when considering bail pending appeal
This section applies if an appellant—
- is appealing his or her conviction or sentence, or both; and
- is—
- in custody; or
- in a home detention residence subject to a sentence of home detention.
- in custody; or
The court must not grant bail to the appellant unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
The onus is on the appellant to show cause why bail should be granted.
When considering the interests of justice under subsection (1A) the court may, instead of the considerations in section 8, take into account the following considerations:
- the apparent strength of the grounds of appeal:
- the length of the sentence that has been imposed on the appellant:
- the likely length of time that will pass before the appeal is heard:
- the personal circumstances of the appellant and the appellant's immediate family:
- any other consideration that the court considers relevant.
Notes
- Section 14(1): replaced, on , by section 8(1) of the Statutes Amendment Act 2016 (2016 No 104).
- Section 14(1A): inserted, on , by section 8(1) of the Statutes Amendment Act 2016 (2016 No 104).
- Section 14(3): amended, on , by section 8(2) of the Statutes Amendment Act 2016 (2016 No 104).


