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Bail pending an appeal

If you are appealing against a conviction or sentence you can apply for bail until the appeal is heard if you can show exceptional circumstances.

The application for bail is the same as for an ordinary application.

The Affidavit you need to complete for a bail application pending an appeal is almost the same as the one in this kit, but there are a few extra things you need to do. It is best that you seek legal advice if you are in this situation.

You can apply for bail pending an appeal after a sentence or a trial, however the court will usually only grant bail if the sentence you are serving is for six months or less.

The court considers:

  • The nature of the offences you are appealing, and the sentences you received.
  • Whether there is a risk that you will have served all or most of your sentence before your appeal is heard.
  • Whether there are special circumstances which show that an error was made in the proceedings in the lower court, so that there is a good chance that your appeal will be successful. As with normal bail applications, the court will not want to hear all the arguments for the appeal.

Appeal bail is only granted in exceptional circumstances and decisions are usually treated as correct unless they are proved wrong by the Court of Appeal.

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