LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Bail Pending Appeal – Discretionary Nature of Bail Pending Appeal Under Section 29(1) Court of Appeal Act
PRINCIPLE STATEMENT
The grant of bail by the Court of Appeal under Section 29(1) of the Court of Appeal Act is discretionary and does not necessarily require that there be conviction and sentence before bail pending appeal can be granted; the essential requirements are an application by an appellant and that bail be pending determination of the appeal.
RATIO DECIDENDI (SOURCE)
"What is clear from the foregoing is that the grant of bail by the Court of Appeal is discretionary. The provisions of the subsection do not state whether there has to be a conviction and sentence before such bail could be granted. What the subsection requires is that there must be an application for bail by an appellant and that the bail to be granted should be pending the determination of the appeal brought."
EXPLANATION / SCOPE
This principle clarifies the scope and nature of the Court of Appeal’s power to grant bail pending appeal in criminal matters. The discretionary character means the court is not obligated to grant bail even when statutory conditions are met, but must exercise reasoned judgment based on relevant factors such as flight risk, likelihood of appeal success, severity of offense, and public interest. Significantly, the principle suggests that bail pending appeal may be available even before conviction and sentence, provided there is a properly instituted appeal. This interpretation expands the protective scope of the provision beyond post-conviction bail to potentially cover situations where appeals are lodged at earlier stages. The mandatory requirements are minimal: (1) a formal application by the appellant, and (2) that bail be specifically for the period pending appeal determination. The court retains wide latitude in deciding whether to grant bail and on what conditions. Factors guiding discretion include the strength of the appeal, conduct of the appellant, nature of charges, and interests of justice. The principle prevents automatic bail while ensuring the appellate court has flexible power to grant liberty pending appeal in appropriate cases.