Can I apply for bail pending appeal?

Anyone who is making an appeal in Canada is entitled to apply for bail pending appeal, regardless of the nature of their conviction. For bail to be granted, the court must be satisfied that:

• Your appeal has merit, and
• You will comply with your release conditions, and
• Your detention is not in the public interest

Your application should only be denied if there is a just cause for doing so. This includes if:

• You are a risk to public safety
• You are likely to breach your bail conditions
• Your release will harm public interest

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Courts consider bail pending appeal applications very carefully. The burden is on you to prove that your appeal has a likely prospect of success, that you will return to custody for your appeal hearing, and that you are not a risk to public safety or interest.

To achieve this, your application must be based on robust evidence and legal arguments. An application for bail pending appeal is an entirely separate motion to your actual appeal. Yet the process is nearly as time-consuming and requires just as much legal input.

Due to these complexities, we recommend that you ask our lawyers to handle the process for you. Otherwise, bail pending appeal may be denied, meaning you have no choice but to remain in custody. The appeals process can take a long time, so if your application is refused, you will face many more months of incarceration.

We can prepare the application, bringing a motion to the court explaining why you should be granted bail. We can also advise you of the use of sureties. These people will be responsible for you during bail and may have to pledge a sum of money, which will be paid out if you break the bail conditions.

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We appreciate that you will be desperate to leave custody. While we prepare your appeal, we can also apply for bailing pending appeal. This ensures you can return home, or to an agreed location, until the date of your appeal hearing. This will be a huge relief, providing a degree of comfort and freedom until further legal proceedings have concluded.