The Criminal Procedure Rules 2015

Application for bail pending appeal or retrial

39.8.—(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.

(4) This rule and rule 14.16 (Bail condition to be enforced in another European Union member State) apply where the court can impose as a condition of bail pending retrial a requirement—

(a) with which a defendant must comply while in another European Union member State; and

(b) which that other member State can monitor and enforce.

[Note. See section 19 of the Criminal Appeal Act 1968(1), section 3(8) of the Bail Act 1976(2) and regulations 77 to 84 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014(3). 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(4), 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 39.4) and (b) not more than 28 days after the conviction or sentence against which the appellant wants to appeal.

See also rule 14.16. Under the 2014 Regulations, where an appellant or respondent is to live or stay in another European Union member State pending his or her trial in England and Wales, the court may grant bail subject to a requirement to be monitored and enforced by the competent authority in that other state. The types of requirement that can be monitored and enforced are set out in Article 8 of EU Council Framework Decision 2009/829/JHA. A list of those requirements is at the end of Part 14.]

(1)

1968 c. 19; section 19 was substituted by section 29 of the Criminal Justice Act 1982 (c. 48) and was amended by section 170 of, and paragraphs 20 and 26 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 168 of, and paragraph 22 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).

(2)

1976 c. 63; section 3(8) was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45) and paragraph 48 of Schedule 3 to the Criminal Justice Act 2003 (c. 44).

(3)

S.I. 2014/3141.

(4)

1981 c. 54; section 81(1) was amended by sections 29 and 60 of the Criminal Justice Act 1982 (c. 48), section 15 of, and paragraph 2 of Schedule 12 to, the Criminal Justice Act 1987 (c. 38), section 168 of, and paragraph 19 of Schedule 9 and paragraph 48 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 119 of, and paragraph 48 of Schedule 8 and Schedule 10 to, the Crime and Disorder Act 1998 (c. 37), section 165 of, and paragraph 87 of Schedule 9 and Schedule 12 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), paragraph 54 of Schedule 3, paragraph 4 of Schedule 36 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), articles 2 and 6 of S.I. 2004/1033 and section 177(1) of, and paragraph 76 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25).