# The Criminal Procedure Rules 2025, Rule 43.3: Determination of detention pending appeal, etc.

Extent: E+W

On an application for permission to appeal, the Court of Appeal must—
(a) decide whether to order the detention of a defendant who would have been liable to be detained but for the decision of the court; and
(b) determine any application for—
(i) bail pending appeal,
(ii) permission to attend any hearing in the Supreme Court, or
(iii) a representation order.
[Note. For the liability of a defendant to be detained pending a prosecutor’s appeal to the Supreme Court and afterwards, see—
(a) section 37 of the Criminal Appeal Act 1968;
(b) article 19 of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006.
For the grant of legal aid for proceedings in the Supreme Court, see sections 14, 16 and 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/43.3 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-43.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.