If you have been convicted of a criminal offence and you are making an appeal, you could apply for bail. If successful, you will be released from custody until your appeal hearing.
Bail pending appeal
When you are found guilty of a criminal offence, the court may impose a prison sentence. If you believe that you should not have been found guilty, or that you have been given an unreasonable sentence, then you may wish to appeal and be on bail pending the appeal.
When you appeal, the court must prepare submit a number of documents including a notice of appeal, factum detailing your argument and transcript of the proceedings. Only once all of this information has been gathered can an appeal hearing take place.
This means there can be a significant delay between your conviction and your appeal hearing. During this time, you must remain in custody – unless you are granted bail. If you are granted bail pending appeal, you can return home, on the promise that you will return to custody when requested.
Who can apply for bail pending appeal?
In theory, anyone can apply for bail pending appeal – even those convicted of first and second degree murder. This right is protected under the Canadian Charter of Rights and Freedoms.
Nevertheless, the application will only be successful if the court is satisfied that –
- There is a reasonable chance that your appeal will succeed
- You will comply with your release conditions – e.g. you will show up for your appeal hearing
- Your detention is not in the public interest
If the court agrees with all the above, you should be released on bail. Indeed, bail pending appeal should not be denied without just cause. A just cause would be that you are a risk to public safety, there is a risk you will breach your bail conditions, or it is a harm to the public interest.
Applying for bail pending appeal
If you wish to apply for bail pending appeal, you need to file the following with the court –
- A Notice of Application for Release from Custody Pending Determination of Appeal form
- A written argument setting out why you should be granted bail
- A sworn affidavit, which asks for various details such as where you will live on bail and the names of your sureties
Sureties are people who agree to take responsibility for you while you are on bail. Often, they must pledge a certain amount of money to the court, which will be paid if you break your bail conditions.
The court will assess your application before making a decision. If your application is successful, you can be released on bail, although you must comply with the conditions. If it is not successful, you will remain in custody until your appeal hearing.
Vancouver criminal lawyer
If you would like to apply for bail pending appeal, contact us at Mickelson & Whysall. Bail applications are complicated to prepare. We can handle everything for you, maximising your chances of being released from custody.