If you’ve already been convicted and are preparing to appeal, you may be wondering whether there’s a way to avoid waiting in custody while your case is reviewed. The answer is yes — but only if you follow the right process and meet the Court’s strict requirements.
This guide walks you through the exact steps, forms, and supporting materials you’ll need to apply for bail pending appeal in B.C.
Not sure if you’re even eligible? → Start here with our bail pending appeal overview.
Step 1: Understand the Legal Context
If you have been convicted of a criminal offence and are pursuing an appeal, you may apply for bail under section 679 of the Criminal Code of Canada. This section governs release from custody pending the outcome of an appeal and sets out the requirements that must be met.
Your right to reasonable bail is also protected by section 11(e) of the Canadian Charter of Rights and Freedoms, which ensures no one is denied bail without just cause.
Step 2: Know When It Applies
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.
Step 3: Expect a Delay Before the Appeal Is Heard
When you appeal, the Court must prepare to 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 process can take months. That’s why applying for bail pending appeal is often necessary — otherwise, you may spend considerable time in custody waiting for the system to catch up.
Step 4: Prepare the Required Documents
To apply for bail pending appeal, the following must be filed with the court:
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; and
- A sworn affidavit, which asks for various details such as where you will live on bail and the names of your sureties
We recommend preparing these materials in collaboration with legal counsel to ensure they meet Court standards. Missing or weak submissions can delay your application or lead to refusal of your application for bail.
Step 5: Choose and Prepare Your Sureties
Sureties are people who agree to take responsibility for you while you are on bail and are residing in the community. Often, they must pledge a certain amount of money to the Court, which will be paid if you break your bail conditions. If they are essentially agreeing to be the eyes and ears of the Court and sure that while you are in the community you are following the Court ordered conditions.
Your surety’s credibility matters. Courts assess their relationship to you, their financial situation, and their ability to supervise you effectively. They may be questioned in court as part of your application.
Make sure your sureties are:
- Over the age of 19;
- Canadian citizens or permanent residents;
- Not facing any charges themselves; and
- Financially capable of pledging the required amount
Step 6: Wait for the Court to Assess Your Application
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.
What Judges Are Looking For:
- A well-argued basis for appeal (not just disagreement with the outcome);
- Clear evidence you’ll comply with court orders;
- Strong support from sureties and your community; and
- That your release won’t shake public confidence in the justice system.
Step 7: Comply Strictly with All Bail Conditions
Being released on bail is not the same as being “free.” You will be subject to strict supervision and possibly conditions like:
- Curfews
- No contact with certain individuals
- Travel restrictions
Regular check-ins with a bail supervisor or police
Breaching any of these conditions can result in immediate arrest, loss of bail, and harm to your appeal.
Legal Help Makes All the Difference
“Many clients do not fully appreciate the seriousness of their charges until the reality of a custodial sentence becomes imminent. It is often only at the point of sentencing—or upon conviction—that the gravity of the situation truly resonates. At that stage, seeking bail pending appeal becomes an urgent and critical consideration,” says Cathryn Moore, criminal defence lawyer at Mickelson, Whysall & Moore Law Group. “The Court expects a complete and credible case, if they are going to consider releasing you on bail.”
If you would like to apply for bail pending appeal, contact us!
Bail applications are complicated to prepare. We can handle everything for you, maximising your chances of being released from custody.
We’ve successfully helped clients secure bail in both high-stakes and time-sensitive situations. From drafting your application to selecting the right sureties, we build your case for success from day one.
Final Tip: Move Quickly, But Don’t Rush the Details
Every day spent in custody while waiting for appeal is a day you don’t get back. But courts will not rush to grant bail unless every detail of your application is well thought-out, documented, and presented with care.
We commit to writing accurate and trustworthy articles showcasing first-hand experience. Our lawyers, highly experienced in criminal offences, are fact-checking and approving every piece of content the team creates. If you have a question about any information you read, please give us a call on 604-688-8588