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Bail Act 2000

Court bail - Bail pending appeal against conviction or sentence

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

You could also call this:

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

Illustration for Bail Act 2000

If you are appealing a sentence and you have been released on bail, you can choose to surrender yourself. You can apply to a judicial officer to end your bail. The judicial officer can then issue a warrant for your arrest and send you to prison to serve the rest of your sentence.

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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=DLM69603.

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

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60: Surrender of appellant released on bail from sentence of home detention, or

"Stopping bail to go back to home detention while waiting for an appeal"

Part 3Court bail
Bail pending appeal against conviction or sentence

59Surrender of appellant released on bail from sentence of imprisonment

  1. An appellant who has been released from custody on bail pending the hearing of the appeal may surrender himself or herself and apply to a judicial officer of the court that released the appellant on bail for the discharge of bail.

  2. A judicial officer who discharges the bail of an appellant may then issue a warrant for the arrest of the appellant and for his or her committal to a prison for the unexpired term of the sentence originally imposed.

Notes
  • Section 59: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
  • Section 59 heading: amended, on , by section 10(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
  • Section 59(1): amended, on , by section 10(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
  • Section 59(2): amended, on , by section 10(3) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
  • Section 59(2): amended, on , by section 39 of the Bail Amendment Act 2013 (2013 No 66).