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Bail Act 2000

Court bail - Bail pending appeal against conviction or sentence

57: Intermediate effects of appeal

You could also call this:

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

Illustration for Bail Act 2000

When you appeal a court decision, the court must decide what happens to you next. The court follows the rules in the Bail Act 2000 and the Criminal Procedure Act 2011. The court can let you go free, grant you bail, or keep you in custody. If you do not ask the appeal court for bail, you can ask a High Court Judge or a District Court Judge for bail at any time. The Judge can decide to grant you bail if they want to, and they can set conditions for your bail. You can ask for bail on such terms and subject to such conditions as the Judge thinks fit.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68999.

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56: Appeals on questions of law, or

"Challenging a court decision about your freedom"

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58: Time on bail pending appeal not to be taken as time served, or

"Bail time doesn't count as time served while waiting for an appeal"

Part 3Court bail
Bail pending appeal against conviction or sentence

57Intermediate effects of appeal

  1. In every case where an appeal court directs a new trial or remits a sentence, the court must, in accordance with the applicable provisions of this Act and the Criminal Procedure Act 2011,—

  2. allow the defendant to go at large; or
    1. grant the defendant bail; or
      1. remand the defendant in custody.

        1. If no application for bail has been made to the appeal court, the defendant may at any time apply to a High Court Judge or a District Court Judge (as the case may require), who may in the Judge's discretion grant bail on such terms and subject to such conditions as the Judge thinks fit.

        Notes
        • Section 57: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).