265. Bail pending appeal

265. Bail pending appeal

(1) If an appellant is in custody because of the sentence appealed against and wishes to be released pending the appeal, the appellant—

(a) may apply to the Magistrates' Court to be released on bail; and

(b) if he or she makes an application under paragraph (a), must give reasonable notice of the application to the respondent to the appeal.

(2) If an application is made under subsection (1), the Magistrates' Court must either grant or refuse bail as if the appellant were accused of an offence and were being held in custody in relation to that offence and, for this purpose, the Bail Act 1977 (with any necessary modifications) applies.