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Bail Act 2000

Court bail - Bail pending appeal against conviction or sentence

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

You could also call this:

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

Illustration for Bail Act 2000

If you are released on bail while waiting for an appeal, it does not count as time served. When you are on bail, your home detention sentence is suspended, as stated in section 343(b) of the Criminal Procedure Act 2011. Time spent on bail does not count towards your home detention sentence, according to Section 95 of the Parole Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM69601.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyCrime and justice > Criminal law
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57: Intermediate effects of appeal, or

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

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59: Surrender of appellant released on bail from sentence of imprisonment, or

"When on bail, you can choose to go to prison to serve your sentence early"

Part 3Court bail
Bail pending appeal against conviction or sentence

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

  1. Section 95 of the Parole Act 2002 applies if an appellant is released on bail pending an appeal.

  2. For the purposes of section 343(b) of the Criminal Procedure Act 2011, a sentence of home detention is suspended if an appellant is released on bail and continues to be suspended while the defendant is on bail.

  3. For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence during any period in which the offender is released on bail pending an appeal.

Notes
  • Section 58: replaced, on , by section 9 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
  • Section 58(1A): inserted, on , by section 98 of the Courts Matters Act 2018 (2018 No 50).