# The Criminal Procedure Rules 2025, Rule 39.8: Application for bail, or to suspend a disqualification or order, pending appeal or retrial

Extent: E+W

(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 issued under 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.
[Note. See section 19 of the Criminal Appeal Act 1968, section 3(8) of the Bail Act 1976 and regulations 77 to 84 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014. 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, 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, 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, the appeal court may do so. See also rule 29.2.
Under section 129 of the Licensing Act 2003, 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, the appeal court may do so.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/39.8 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-39.8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.