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What is bail pending appeal

If your sentence includes a jail term, you may apply to the judge for bail pending appeal. This allows you to postpone the start of the sentence to after the court decides on the outcome of your appeal.

The judge will hear from the prosecution before deciding whether to grant you bail. The prosecution may object to granting you bail. If the judge decides to grant you bail, the prosecution may apply to increase the amount of your bail. If the judge increases the bail amount but your bailor cannot provide the increase in bail, you have to be in remand 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.

If you do not surrender, the court will issue a warrant of arrest. You will be arrested and imprisoned.

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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