New Zealand Legislation: Acts

14 Exercise of discretion when considering bail pending appeal

• (1) If a person is in custody under a conviction and is appealing the conviction or sentence, or both, the court must not grant bail unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.

  (2) The onus is on the appellant to show cause why bail should be granted.

  (3) When considering the interests of justice under subsection (1) the court may, instead of the considerations in section 8, take into account the following considerations:

  • (a) the apparent strength of the grounds of appeal:

  • (b) the length of the sentence that has been imposed on the appellant:

  • (c) the likely length of time that will pass before the appeal is heard:

  • (d) the personal circumstances of the appellant and the appellant's immediate family:

  • (e) any other consideration that the court considers relevant.