3. Bail after conviction and pending appeal

3. Bail after conviction and pending appeal

Principles

Bail pending appeal is exceptional. Bail pending appeal may not be granted even in cases involving short sentences of imprisonment. Rather than granting bail, the court may direct that the appeal be given a priority listing. The court will consider the circumstances of each case.

In considering an application for bail pending appeal to the Court of Appeal, section 83Z of the Criminal Procedure Ordinance requires the court to have regard to:

1. likelihood of a custodial sentence;
2. likelihood of sentence being completed before the disposal of the appeal or of the appeal being allowed; and
3. any other matter that appears to be relevant.

Procedures

After conviction, the defendant and his/her legal team can apply for bail pending appeal before the trial judge and/or bring the application to the higher court. When applying, in theory, he/she must have already commenced the appeal process.

Following conviction in either the Court of First Instance or the District Court, an accused may, under section 83Q of the Criminal Procedure Ordinance, give Notice of Appeal or, as the case may be, Notice of Application for leave to appeal conviction and/or sentence. Bail pending appeal can be applied for whether the appeal is against conviction and/or against sentence and the application will be initiated by a summons supported by an affirmation from the applicant.