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Application for bail pending appeal or retrial
This section has no associated Explanatory Memorandum
68.8.—(1) This rule applies where a party wants to make an application to the court about bail pending appeal or retrial.
(2) That party must serve an application in the form set out in the Practice Direction on—
(a)the Registrar, unless the application is with the appeal notice; and
(b)the other party.
(3) The court must not decide such an application without giving the other party an opportunity to make representations, including representations about any condition or surety proposed by the applicant.
[Note. See section 19 of the Criminal Appeal Act 1968() and section 3(8) of the Bail Act 1976(). An application about bail or about the conditions of bail may be made either by an appellant or respondent.
Under section 81(1) of the Senior Courts Act 1981(), a Crown Court judge may grant bail pending appeal only (a) if that judge gives a certificate that the case is fit for appeal (see rule 68.4) and (b) not more than 28 days after the conviction or sentence against which the appellant wants to appeal.]
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