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What is Bail Pending Appeal?

Bail pending appeal is the release of a convicted individual from custody while their appeal is being considered by a higher court. This allows the appellant to remain free during the potentially lengthy appeals process, under certain conditions, rather than serving their sentence immediately.

Appeal Lawyers

Bail Pending Appeal

Eligibility for Bail Pending Appeal

In Ontario, not everyone is automatically eligible for bail pending appeal. The appellant must satisfy the court on several grounds:

  1. The Appeal is Not Frivolous: The appeal must have a reasonable prospect of success. The court must be convinced that there are legitimate grounds for the appeal.

  2. Surrender into Custody: The appellant must demonstrate that they will surrender into custody when required. This includes appearing for all court dates and complying with any conditions set by the court.

  3. Public Interest: The release of the appellant must not undermine public confidence in the administration of justice. This includes considering the seriousness of the offence and whether the appellant poses a danger to the community.


The Application Process

To apply for bail pending appeal in Ontario, the appellant must follow these steps:

  1. Notice of Appeal: File a notice of appeal against the conviction and/or sentence.

  2. Bail Application: Prepare and file a formal bail application. This includes affidavits and supporting materials that outline why the appellant should be granted bail pending appeal.

  3. Hearing: Attend a bail hearing before a judge. During the hearing, the appellant’s lawyer will present arguments and evidence supporting the application. The Crown prosecutor will also have an opportunity to present arguments against the bail application.

  4. Decision: The judge will decide whether to grant bail pending appeal based on the evidence and arguments presented. If bail is granted, the judge will set specific conditions that the appellant must follow.


Conditions of Bail Pending Appeal

If bail is granted, the appellant will be required to adhere to certain conditions, which may include:

  • Regular check-ins with a bail supervisor.

  • Residing at a specified address.

  • Abstaining from contact with certain individuals.

  • Surrendering any travel documents (e.g., passport).

  • Abiding by a curfew.

  • Not possessing any weapons.

Violating any of these conditions can result in the appellant being taken back into custody and potentially facing additional charges.


Our Services

At Gilbert Barristers & Solicitors, we provide expert legal assistance for those seeking bail pending appeal in Ontario. Our experienced lawyers will:

  • Evaluate your case to determine the likelihood of success on appeal.

  • Prepare a strong bail application with compelling supporting materials.

  • Represent you at the bail hearing, presenting persuasive arguments for your release.


Contact Us

If you or a loved one is considering an appeal and needs assistance with bail pending appeal, contact us today for a consultation. Our dedicated legal team is here to help you navigate the complex legal process and fight for your rights.


Note: The granting of bail pending appeal is at the discretion of the court and depends on the specific circumstances of each case. Consulting with an experienced attorney is essential to maximize your chances of success.

Free Consultation


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