Bail Pending Trial Flashcards
What is bail pending appeal?
A convicted person who has appealed against his conviction may apply to be released on bail pending the determination of his appeal.
Who has the discretion to grant bail pending appeal?
The grant of bail is now at the Court’s discretion and not as of right.
Kuti v. Police
What must the appellant show to be granted bail pending appeal?
The Appellant is required to show EXCEPTIONAL OR SPECIAL circumstances.
Ajayi v. State
What is the presumption of innocence status for the appellant during bail application?
At this stage, the appellant is a convict and has lost the presumption of innocence guaranteed by the Constitution.
What are some exceptional or special circumstances for granting bail?
The exceptional or special circumstances may include: a valid Notice of Appeal, grounds of appeal likely to succeed, duration of appeal may outlast the sentence, complexity of the case, serious health jeopardy, and conduct during trial.
What is required for a valid Notice of Appeal?
There must be a valid Notice of Appeal.
What must be shown regarding the grounds of appeal?
The grounds of appeal are likely to succeed against the conviction on point of Law.
Fawehimi v. State
What if the duration of the appeal may outlast the sentence?
That the duration of appeal may outlast the duration of the sentence.
Okoroji v. State, Madike v. State
What if the case is complex?
The real case is so complex that constant consultation between the convict and his counsel is required for the preparation of the appeal.
R. v. Starkie
What health conditions may warrant bail?
The appellant’s health is seriously in jeopardy and cannot be taken care of at the Prison facility.
Fawehinmi v. State
What must the appellant prove regarding their illness?
The appellant has to prove that from the nature of his illness, he needed constant medical attention and the type of treatment required is not readily movable.
Chukwunyere v. C.O.P.
What conduct during trial is considered for bail application?
The conduct of the appellant during trial in relation to the bail earlier granted (not jumping bail).
Munir v. FRN
What is the procedure for applying for bail pending appeal?
The application is made by a motion on notice supported with an affidavit showing special circumstances, CTC of the judgment of the Court convicting him, and CTC of the Notice of appeal.
Where is the application for bail first made?
The application is first made to the trial court and if refused it can be made to the appellate court.
Offiong v. COP
