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Part 2Jurisdiction, procedures, and powers
Bail: General

50Judge may grant bail pending appeal

  1. This section applies to a person (the appellant) who—

  2. has been convicted of an offence against the 1971 Act; and
    1. is serving a sentence of imprisonment or detention under that Act in respect of the conviction pending the determination of his or her appeal against conviction or sentence, or both, to—
      1. the Summary Appeal Court; or
        1. the Court Martial Appeal Court.

        2. The appellant—

        3. is not entitled to bail as of right; and
          1. may not go at large without bail.

            1. A Judge may, on application by the appellant,—

            2. grant bail to the appellant:
              1. impose any conditions of bail that the Judge thinks fit.

                1. In determining whether to grant bail under this section, the Judge—

                2. must take into account all of the following considerations:
                  1. the seriousness of the offence:
                    1. whether there are urgent and exceptional circumstances that favour the granting of bail:
                      1. the effect on service discipline of releasing the person on bail; and
                      2. may take into account the considerations set out in section 14(3) of the Bail Act 2000; and
                        1. must not grant bail unless satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.

                          1. The onus is on the appellant to show cause why bail should be granted.