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Bail Pending an Appeal

If you have been sent to prison as a result of the conviction or sentence that you are appealing, you are entitled to make an application for bail while an appellate Court determines your appeal.

The process for applying for bail while your appeal is pending is the same as for any other bail applications, but with one additional hurdle – you are obliged to satisfy the appellate court that there is some special reason that you should be granted bail.

The special reasons that you might rely on in applying for bail pending an appeal are:

  • The period of custody you have been sentenced to is so short that there is a risk you will have served it all before your appeal is determined;
  • Your prospects of success in regards to your appeal are good because of some weakness, or clear error, in the proceeding in the court below.

The court considering your bail application will treat the decisions of the lower court as correct as a starting point, so you will need to provide some persuasive reason that you should be granted bail.

Applications for bail pending an appeal to the District Court are heard in the Magistrates Court. All applications for bail pending an appeal in the Court of Appeal are heard in the Supreme Court.

If you or a family member has lodged an appeal against conviction or sentence, you should obtain advice about the prospects of being granted bail while the appeal is determined.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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