Bail Act 2000

General provisions regarding bail

14: Exercise of discretion when considering bail pending appeal

You could also call this:

"Can you get bail while waiting for your appeal to be heard?"

Illustration for Bail Act 2000

If you are appealing a conviction or sentence, and you are in custody or in a home detention residence, the court considers whether to grant you bail. The court will only grant you bail if it thinks it is in the interests of justice to do so. You need to show the court why you should be granted bail. When the court is deciding, it can think about things like how strong your appeal seems, how long your sentence is, and how long you will have to wait for your appeal to be heard. The court can also consider your personal circumstances and those of your immediate family. It can think about any other relevant matters when deciding whether to grant you bail, instead of considering the matters in section 8.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68919.


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13: Exercise of discretion when considering bail pending sentencing, or

"Can you get bail while waiting for your sentence to be decided?"


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Part 1General provisions regarding bail

14Exercise of discretion when considering bail pending appeal

  1. This section applies if an appellant—

  2. is appealing his or her conviction or sentence, or both; and
    1. is—
      1. in custody; or
        1. in a home detention residence subject to a sentence of home detention.
        2. 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.

        3. The onus is on the appellant to show cause why bail should be granted.

        4. 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:

        5. the apparent strength of the grounds of appeal:
          1. the length of the sentence that has been imposed on the appellant:
            1. the likely length of time that will pass before the appeal is heard:
              1. the personal circumstances of the appellant and the appellant's immediate family:
                1. 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).