Bail Act 2000

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54 Granting of bail to appellant in custody or on home detention pending appeal to High Court

(1)

This section applies if an appellant—

(a)

is appealing his or her conviction or sentence, or both, to the High Court; and

(b)

is—

(i)

in custody; or

(ii)

in a home detention residence subject to a sentence of home detention.

(2)

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—

(a)

at the discretion of the District Court Judge who presided over the District Court whose determination is appealed against; or

(b)

if that District Court Judge is not available, at the discretion of some other District Court Judge.

(3)

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 High Court 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.

(4)

If an appellant is granted bail under this section, the provisions of sections 30 to 33, 35 to 39, and 52, 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.

(5)

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 44 and 45, as far as they are applicable and with all necessary modifications, apply as if the appellant were a defendant who had been granted or, as the case may be, refused bail.

(6)

Section 53(6) applies for the purposes of this section.

(7)

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.

Compare: 1957 No 87 s 125

Section 54: replaced, on 1 July 2013, by section 15 of the Bail Amendment Act 2011 (2011 No 82).

Section 54 heading: amended, on 23 October 2013, by section 7(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).

Section 54(1): replaced, on 17 December 2016, by section 10 of the Statutes Amendment Act 2016 (2016 No 104).

Section 54(2): amended, on 23 October 2013, by section 7(3) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).

Section 54(4): amended, on 4 September 2013, by section 38 of the Bail Amendment Act 2013 (2013 No 66).

Section 54(6): replaced, on 23 October 2013, by section 7(4) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).