Section 113 Bail on appeal or case stated.

Where a person has given notice of appeal to the Crown Court against the decision of a magistrates’ court or has applied to a magistrates’ court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates’ court may F1, subject to section 25 of the Criminal Justice and Public Order Act 1994, grant him bail.

If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be—

and any recognizance that may be taken from him or from any surety for him shall be conditioned accordingly.

Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 F2above or F3section 14, 15, 16 F4, 16A or 17 of the Sentencing Code.

Section 37(6) of the M1Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates’ court under this section pending the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the M2Criminal Justice Act 1967.