Hon Anne Tolley, in Committee, to move the following amendments:
Part 1A replaced
Replace Part 1A (line 8 on page 9 to line 25 on page 12) with:
Part 1A
Amendments to Bail Act 2000 (as amended by Bail Amendment Act 2011)
7A Principal Act amended
This Part amends the Bail Act 2000 (as amended by the Bail Amendment Act 2011).
7B Granting of bail to appellant in custody pending appeal to District Court presided over by District Court Judge
(1) The heading to section 53 is amended by inserting “or on home detention”
after “custody”
.
(2) Section 53 is amended by repealing subsection (1) and substituting the following subsection:
(3) Section 53(2) is amended by inserting “, or is subject to a sentence of home detention,”
after “custody”
.
(4) Section 53(4) is amended by omitting “34”
and substituting “35”
.
(5) Section 53 is amended by repealing subsection (6) and substituting the following subsection:
7C Granting of bail to appellant in custody pending appeal to High Court
(1) The heading to section 54 is amended by inserting “or on home detention”
after “custody”
.
(2) Section 54 is amended by repealing subsection (1) and substituting the following subsection:
(3) Section 54(2) is amended by inserting “, or is subject to a sentence of home detention,”
after “custody”
.
(4) Section 54 is amended by repealing subsection (6) and substituting the following subsection:
7D Granting of bail to appellant in custody pending appeal to Court of Appeal or Supreme Court
(1) The heading to section 55 is amended by inserting “or on home detention”
after “custody”
.
(2) Section 55 is amended by repealing subsection (1) and substituting the following subsection:
(3) Section 55(2) is amended by inserting “, or is subject to a sentence of home detention,”
after “custody”
.
(4) Section 55 is amended by repealing subsection (4) and substituting the following subsection:
7E New section 58 substituted
Section 58 is repealed and the following section substituted:
“58 Time 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 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.”
7F Surrender of appellant released on bail
(1) The heading to section 59 is amended by adding “from sentence of imprisonment”
.
(2) Section 59(1) is amended by omitting “defendant”
and substituting “appellant”
.
(3) Section 59(2) is amended by omitting “a defendant”
and substituting “an appellant”
.
7G New section 60 inserted
The following section is inserted after section 59:
“60 Surrender of appellant released on bail from sentence of home detention
“(1) An appellant who has been released from a sentence of home detention on bail pending the hearing of an appeal may surrender himself or herself and apply to a District Court Judge for the discharge of bail, and the District Court Judge may order that the appellant resume serving the sentence of home detention.
“(2) If an appellant applies for the discharge of bail under subsection (1), the District Court Judge may,—
“(3) Before ordering that an appellant resume serving a sentence of home detention under subsection (1), the District Court Judge must, if the appellant has been on bail for longer than 2 months, consider information from a probation officer on—
“(b) whether every relevant occupant (as defined in section 26A(4)(a) of the Sentencing Act 2002) of the home detention residence consents, in accordance with section 26A(3)(d) of the Sentencing Act 2002, to the appellant resuming the sentence at the home detention residence.
“(4) If a District Court Judge orders that the appellant resume serving the sentence of home detention,—
Clause 22A: new section 69JA
In clause 22A, new section 69JA(3)(b), replace “section 80F(4)”
(line 9 on page 21) with “section 69I(3)”
.
In clause 22A, new section 69JA(4)(a), replace “section 80F(4)”
(line 18 on page 21) with “section 69I(3)”
.
Clause 28
Replace clause 28(2) (lines 6 to 12 on page 25) with:
Clause 32: new section 80ZG
In clause 32, new section 80ZG(1)(b), replace “each”
(line 20 on page 26) with “the total”
.
Clause 32: new section 80ZGA
In clause 32, new section 80ZGA(1)(c), replace “each”
(line 14 on page 28) with “the total”
.
Clause 32: new section 80ZGD
In clause 32, new section 80ZGD(1B)(b), delete “or curfew address”
(line 10 on page 30).
New clause 46A inserted
After clause 46 (line 22 on page 35), insert:
46A Amendment to Criminal Procedure Act 2011
(1) This section amends the Criminal Procedure Act 2011.
(2) The following section is inserted after section 403:
“403A Transitional provision regarding effect of appeal on sentence of home detention
If, in any proceeding to which section 397 applies, a person is convicted and sentenced to home detention and on or after the date that this section comes into force either party appeals a determination to which the sentence relates, section 397(2) has effect subject to the following:
“(c) the person sentenced to home detention may apply for bail and the provisions of the Bail Act 2000 (as those provisions read before the commencement date) apply except that sections 54, 55, 58 and 59A of the Bail Act (as those provisions read at the time of the appeal) apply with any necessary modifications.”