Bail Act 2000

Court bail - Bail pending appeal against conviction or sentence

56: Appeals on questions of law

You could also call this:

"Challenging a court decision about your freedom"

You can appeal on questions of law if the District Court or the High Court decides to postpone sentencing you or delays the start of your sentence under section 302(2) of the Criminal Procedure Act 2011. The court can then decide to let you go free, grant you bail, or keep you in custody. This decision is made according to the rules in the Bail Act and the Criminal Procedure Act 2011.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 8 December 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68998.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safetyCrime and justice > Criminal law

55: When person is in custody or on home detention for purposes of section 54, or

"What happens when you're in custody or on home detention and appealing a sentence"

57: Intermediate effects of appeal, or

"What happens to you while you wait for an appeal decision"

Part 3Court bail
Bail pending appeal against conviction or sentence

56Appeals on questions of law

If under section 302(2) of the Criminal Procedure Act 2011 the District Court or the High Court has decided to postpone sentencing a person or deferred the commencement of any sentence imposed, the court may, in accordance with the applicable provisions of this Act and the Criminal Procedure Act 2011,—
allow the defendant to go at large; or
grant the defendant bail; or
remand the defendant in custody.

Notes

Section 56: replaced, on 1 July 2013, by section 15 of the Bail Amendment Act 2011 (2011 No 82).
Section 56: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).