Appealing refusal or grant of bail
Produced in partnership with Alistair Grainger of 25 Bedford Row

The following Corporate Crime practice note produced in partnership with Alistair Grainger of 25 Bedford Row provides comprehensive and up to date legal information covering:

  • Appealing refusal or grant of bail
  • Appealing refusal of bail by the magistrates' court to the Crown Court
  • Procedure for making applications to the Crown Court
  • Appeals to the High Court
  • Procedure for making applications to the High Court
  • Appealing against imposition of bail conditions
  • Prosecution appeals against grant of bail by the magistrates' court
  • Procedure for exercising right of appeal against magistrates' court decision to grant bail
  • Prosecution appeals against bail decision in Crown Court
  • Procedure

Appealing refusal or grant of bail

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. In 2020, the CPS released additional guidance on bail appeals in times of the pandemic, see: CPS Coronavirus: Guidance on Service of Bail Appeal Notices during the Coronavirus Pandemic. See further Practice Notes: Coronavirus (COVID-19)—key regulator and court guidance for corporate crime practitioners, Practical guide to remote hearings in the criminal courts during the coronavirus (COVID-19) pandemic and Practical tips for attending remote criminal hearings during the coronavirus (COVID-19) pandemic—checklist.

Appealing refusal of bail by the magistrates' court to the Crown Court

A defendant refused bail by the magistrates' court may apply to the Crown Court for bail in a number of circumstances, including where the court has:

  1. remanded the defendant in custody having adjourned proceedings under sections 10, 17C, 18 or 24C of the Magistrates’ Courts Act 1980 (MCA 1980)

  2. adjourned for medical reports under Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000)

  3. sent the defendant for trial, or

  4. committed the defendant for sentence

For more information, see Practice Note: Crown Court bail application.

Procedure for making applications to the Crown Court

The Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) provide a comprehensive procedural code for making bail applications to the Crown Court. See Procedure for making bail applications and appeals.

Rule 14.4 requires that the list of information that

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