ABSTRACT
Where the defendant is given a custodial sentence, bail pending appeal may be granted by the magistrates who passed sentence (though there is no presumption in favour of bail as s 4 of the Bail Act 1976 does not apply) (s 113 of the Magistrates’ Courts Act 1980). If the magistrates do not grant bail, the Crown Court may do so (under s 81(1) of the Supreme Court Act 1981), or the defendant could apply to a High Court judge in chambers under s 22(1) of the Criminal Justice Act 1967. On bail, see Chapter 2.
