The Criminal Procedure Rules 2020

Application for bail, or to suspend a disqualification or order, pending appeal or retrial E+W

39.8.—(1) This rule applies where—

(a) a party wants to make an application to the court about bail pending appeal or retrial; or

(b) an appellant wants to apply to the court to suspend a disqualification or order pending appeal.

(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, in the case of a bail application, representations about any condition or surety proposed by the applicant.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 See section 19 of the Criminal Appeal Act 1968 (1) and section 3(8) of the Bail Act 1976 (2). 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(3), 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.

Under section 39 of the Road Traffic Offenders Act 1988(4), a court which has made an order disqualifying a person from driving may suspend the disqualification pending appeal. Under section 40 of the 1988 Act(5), the appeal court may do so. See also rule 29.2.

Under section 129 of the Licensing Act 2003(6), a court which has made an order to forfeit or suspend a personal licence issued under that Act may suspend the order pending appeal. Under section 130 of the 2003 Act(7), the appeal court may do so.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Rule 39.8(4) omitted (8.2.2021) by virtue of The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 23(d)(i) (with rule 3)

F2 Words in rule 39.8 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 23(d)(ii) (with rule 3)

F3 Words in rule 39.8 omitted (8.2.2021) by virtue of The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 23(d)(iii) (with rule 3)

Commencement Information

I1 Rule 39.8 in force at 5.10.2020, see Preamble

(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)

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).

(4)

1988 c. 53.

(5)

1988 c. 53; section 40 was amended by sections 40 and 59 of, and paragraph 50 of Schedule 9 and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c.4).

(6)

2003 c. 17.

(7)

2003 c. 17; section 130 was amended by sections 40 and 59 of, and paragraph 78 of Schedule 9 and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).