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Apply for bail pending appeal
What is bail pending appeal
Note
Filing an appeal does not automatically mean that you do not have to start serving your sentence immediately. You will need to apply for a stay of execution and/or bail pending appeal to postpone the start of your sentence.
If your sentence includes a jail term, you may apply to the court for bail pending appeal. This will allow you to postpone the start of the sentence to after the court decides on the outcome of your appeal.
The court will hear from the prosecution before deciding whether to grant you bail. The prosecution may object to granting you bail or apply to increase the amount of your bail. If your bailor no longer wishes to stand as your bailor or cannot provide any increase in bail, and you are unable to find a new bailor who can provide bail, you have to be remanded while awaiting your appeal hearing.
If you are granted bail pending appeal
Your bailor will have to follow the usual process for posting bail.
If your bailor successfully posts bail, you will have to abide by the bail conditions. This usually includes:
- Turning up for your appeal hearing.
- (If you decide not to appeal) Surrendering to the court to serve your sentence.
Note
If you do not surrender, the court will issue a warrant of arrest.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
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