If an A person who has been charged with a crime. Also known as a defendant. person is convicted of an A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious). and sentenced in the Magistrates’ An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. and lodges an The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision. against their conviction and/or sentence (to be heard in the County Court), they may apply for The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking. in the Magistrates’ Court pending the The time and place at which a court or tribunal hears the parties argue their case and makes a decision. of the appeal.
The Magistrates’ Court must determine the application as if the accused was charged and is awaiting hearing for the offence subject of the appeal (s 265(2) Criminal Procedure A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2009 (Vic)).
While it depends on the individual facts of the case, it is common for an accused person to be granted bail on conditions if they have an appeal pending in the County Court, particularly if the person has been on bail and has complied with all the bail conditions before the hearing of the charges in the Magistrates’ Court.
If an accused person is convicted of an offence and sentenced in the County Court or Supreme Court and lodges an appeal against their conviction and/or sentence (in the Court of Appeal), they may apply for bail pending the hearing of the appeal in the Court of Appeal.
However, a grant of bail pending an appeal to the Court of Appeal is very uncommon. It A document that sets out what a person wants to happen to their money and other property after they die. only be granted in very exceptional circumstances. The justification for this is that the verdict of the A panel of people selected from the general public to decide whether an accused in a criminal case is guilty or not guilty, or to decide questions of fact and the amount to be awarded as damages in civil cases. should be regarded as final and not conditional.
Accordingly, unless a person is able to demonstrate that they will have served the entirety of their sentence before an appeal being heard, or that their appeal will most likely succeed and the conviction will be set aside, they will remain in Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. until the appeal is heard (see Lennon  VSC 239).
The Supreme Court has an inherent The authority of a court or tribunal to hear matters brought before it, based on some factor such as area or law, amount of money claimed, or geographic area. to grant bail to people awaiting trial for indictable offences (see R v Light  VLR 152; R v Broome  VLR 208).