Bail - Bail Pending Appeal Applications

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A bail pending appeal application allows an individual who has been convicted of a criminal offence and sentenced to imprisonment to seek release from custody while they pursue an appeal of their conviction or sentence. This application is made to an appellate court. The individual making the bail pending appeal application is called the “appellant”. The purpose of this application is to prevent the appellant from serving their sentence while the appeal is pending, provided certain conditions are met.

To be eligible for a bail pending appeal application, the appellant must have filed a notice of appeal against their conviction and/or sentence. The grounds for the appeal may include legal errors during the trial or the discovery of new evidence.

The reviewing court will consider whether the appellant’s continued detention is necessary in the public interest and whether the appeal has merit.

If the court grants bail pending appeal, it may impose certain conditions on the appellant’s release, such as adhering to a curfew or surrendering travel documents.

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