Appeals are governed by the Summary Proceedings Act 1957, Sections 124(3A) and 137, as amended 1 September 1993.
Privy Council Decision (Taito v R [2002] 6 HRNZ 539, [2002] UKPC 15).
There are provisions in the Summary Proceedings Act 1957 for a community-based sentence to be suspended pending the resolution of an appeal against sentence. Those provisions apply to sentences of supervision, community work (CW), intensive supervision and community detention (CD).
These sentences stop running on the date the notice of appeal is filed.
Note: Under the Sentencing Act, home detention (HD) is not classified as a community-based sentence.
Legislative reference: Section124(3) Summary Proceedings Act 1957.
In cases where there is an appeal lodged against (HD), the court will decide whether the offender should remain subject to HD or:
Note: There is a current issue in IOMS where the HD sentence is automatically suspended. Do not treat the sentence as suspended unless advised by the Court.
An extended supervision (ES) order may be appealed by either the offender or the Chief Executive of the Department of Corrections.
The lodging of an appeal does not prevent an ES order taking effect or suspend the order. The order is to be managed despite any appeal that may be underway.
Legislative reference: s107R Parole Act 2002.
The court is responsible for ensuring that the offender is aware of the appeal process, particularly the offender's responsibilities if they abandon the appeal or it is dismissed.
The court is responsible for advising CPPS when a sentence is suspended following an appeal.
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