53Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge

1. This section applies if an appellant—

2. is appealing his or her conviction or sentence, or both, to the District Court presided over by a District Court Judge; and
3. is—
   1. in custody; or
   2. in a home detention residence subject to a sentence of home detention.

4. If the appellant is in custody, or is subject to a sentence of home detention, only under the conviction to which the appeal relates, the appellant is bailable, at any time before the hearing of the appeal,—

5. at the discretion of the Justice or Justices or a Community Magistrate or Community Magistrates who presided over the District Court whose determination is appealed against; or
6. if that Justice or those Justices or that Community Magistrate or those Community Magistrates are not available, at the discretion of a District Court Judge or some other Justice or Community Magistrate.

7. Subject to the provisions of section 31 (as applied by subsection (4)), if an appellant is granted bail, the appellant must be released on condition that the appellant attend personally at the District Court at the place where the appeal is being dealt with on the day on which the appeal is to be heard and on any day to which the hearing may from time to time be adjourned.

8. If an appellant is granted bail under this section, the provisions of sections 30 to 33, 35, 37, 38, 39, and 51, as far as they are applicable and with any necessary modifications, apply as if the appellant were a defendant remanded in custody who had been granted bail.

9. If an appellant is granted or refused bail under this section, or any decision is made under section 33(1) (as applied by subsection (4)) in respect of any appellant, the provisions of sections 41 and 42, as far as they are applicable and with any necessary modifications, apply as if the appellant were a defendant who had been granted or, as the case may be, refused bail.

10. For the purposes of this section,—

11. an appellant is not deemed to be in custody only under the conviction to which the appeal relates if a direction has been given under section 83 of the Sentencing Act 2002 that another sentence or term of imprisonment is to follow the sentence imposed on that conviction, and the appellant has not appealed against the conviction in respect of which that other sentence or term was imposed; and
12. an appellant is not deemed to be subject to a sentence of home detention only under the conviction to which the appeal relates if a direction has been given under section 80B of the Sentencing Act 2002 that another sentence of home detention is to follow the sentence imposed on that conviction, and the appellant has not appealed against the conviction in respect of which that other sentence was imposed.

13. If an appeal is filed on a question of law under subpart 8 of Part 6 of the Criminal Procedure Act 2011 and the appeal relates to a person's conviction, this section applies to the convicted person as it does to the appellant.