Making an Application for Bail Pending Appeal


Making an application for bail pending appeal


Will I go straight to jail if I am sentenced to jail?

Yes. If the sentencing Magistrate or Judge determines that no option other than full time imprisonment is appropriate, upon handing down that sentence, you will be escorted by Corrective Services from the courtroom to the cells at court. Whilst is shocking once this happens, you should be informed by your lawyers that this is a possibility, and you should be ready for it.


How soon after I am sent to prison can I apply for bail?

If you are sentenced in the Local Court, and if there is time left in the day, you can apply for bail on the same day that you are sentenced to full time jail. Your lawyer would have to prepare the necessary paperwork and lodge it with the court registry, and get your case relisted before closing of court, which is usually 4.00pm.

Generally, you will get the same Magistrate that sentenced you to jail, but if that Magistrate is unavailable, your case may go to another court.

If you are sentenced to jail in the District or Supreme Court, your lawyer will have to lodge the necessary paperwork for your appeal before applying for bail. You will not be able to apply for bail on the same day that you were sentenced to full time jail. Your application for bail pending appeal will have to be listed for another date in the future.


Is it harder to get bail pending an appeal?

Yes it is generally more difficult to achieve bail pending appeal than it is in ordinary circumstances. This is because a Magistrate or Judge has already made a decision that you should be sentenced to a term of full time imprisonment. This can be a factor that influences an application for bail pending appeal.


What criteria is considered when making an application for bail pending appeal?

The same rules apply that apply for an ordinary bail application. In short, the court must determine whether there is an unacceptable risk that the applicant will:

a) fail to appear at any proceedings for the offence, or

(b) commit a serious offence, or

(c) endanger the safety of victims, individuals or the community, or

(d) interfere with witnesses or evidence.

If the court finds that there are no conditions that can be imposed that would mitigate the risk, bail will be refused.

For more information about bail, and to see case studies where we have achieved bail for some of our clients, click here.


You should always seek legal advice from an experienced Criminal Lawyer before making an application for bail pending appeal.


Call LY Lawyers, Criminal Defence Lawyers, on 1300 595 299 for a free consultation.