40Bail on deferment of sentence

1. This section applies if the start date of a sentence imposed on an offender is deferred under section 80W or 100 of the Sentencing Act 2002 and the offender is not liable to be detained under any other sentence or order.

2. If this section applies, the court that defers the start date of the offender's sentence must grant the offender bail.

3. An offender who is granted bail under this section must be released on condition that the offender must,—

4. if the sentence is deferred under section 80W of the Sentencing Act 2002,—
   1. go to and remain at the home detention residence (as defined in section 4 of that Act) at the expiry of the period of deferral specified by the court, unless absent in accordance with section 80C(3)(a) or (b) of that Act; and
   2. advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
5. if the sentence is deferred under section 100 of the Sentencing Act 2002, surrender himself or herself to the prison manager of the prison concerned at the expiry of the period of deferral specified by the court.

6. The provisions of sections 30 to 39, and 41 to 44, as far as they are applicable and with all necessary modifications, apply as if the offender were a defendant who had been granted bail.

7. If any decision is made by the District Court or the High Court under section 33(1) (as applied by subsection (4)) in respect of an offender, the provisions of sections 41 to 43, as far as they are applicable and with all necessary modifications, apply as if the offender were a defendant granted bail.

8. Repealed