Bail Pending Appeal

Najma Jamaldin, along with lawyers in her law chambers, offer legal services in criminal and regulatory defences and appeals.

Can I get bail after the sentence?

Anyone who appeals a sentence may ask an appeal court to stop the enforcement of the sentence until the conclusion of the appeal. In the case of bail pending appeal, the individual can apply for bail from the appeal court.

When you seek bail pending appeal a judge or jury has already convicted you; therefore, appeal bail may contain stricter conditions than pre-trial bail.

What are the requirements for a bail pending appeal?

To achieve bail pending appeal, you must satisfy the court of three factors:
1. the appeal must have some merit;
2. the appellant must commit to returning into custody before the appeal hearing; and
3. the grant of bail must be in keeping with the public interest.

The first two steps are straightforward. First, the grounds for appeal must not be frivolous. Second, the appellant must agree to return to jail before the hearing. The third question raises slightly more complicated issues surrounding the public interest. The court will consider two principles. First, that courts should enforce their judgments without delay. Second, that individuals should not serve time for incorrect convictions. At the third stage, the court will consider the seriousness of the offence and the circumstances surrounding the commission of the offence.

What factors improve the likelihood of achieving bail?

A good release plan and a well-considered argument establishing the merits of the appeal will assist in obtaining bail pending appeal.
In addition, a history of complying with bail increases the chances of getting bail.

Should I start planning for bail pending appeal before sentencing?

An appeal lawyer can arrange for bail pending appeal even before sentencing, therefore, shortening unnecessary delays waiting in custody.