Bail Pending Appeal

Abstract

Abstract The right to bail enacted by s. 4 of the BA 1976 is inapplicable to convicted offenders who have initiated appeal proceedings following the imposition of a custodial sentence. They may be granted bail but, in contrast with the statutory right, the decision lies within the discretion of the court enjoying jurisdiction to grant it. Where a person in custody has given notice of appeal to the Crown Court against the decision of a magistrates’ court the magistrates’ court, may, subject to s. 25 of the CJPOA 1994, grant bail: MCA 1980, s. 113(1), as amended by the CJPOA 1994, s. 168(2) and sch. 10, para. 44. Where a person in custody has applied to a magistrates’ court, under s. 111 of the MCA 1980, to state a case for the opinion of the High Court on a question of law or jurisdiction, the magistrates’ court may, subject to s. 25 of the CJPOA 1994, grant bail: MCA 1980, s. 113(1), as amended by the CJPOA 1994, s. 168(2) and sch. 10, para. 44.