Anyone advice please

[sad person 6]

Hello

Would anyone no if a appeal was successful in that the judges ordered a re trial would the defendant be allowed to come home until the re trial or would they have to stay in prison.
Before they was convicted the defendant was on un conditional bail
Thanks
Sadperson

[val lavender]

There is no reason that I know of why bail should not be allowed under these circumstances as the guilt of the accused is obviosly in serious doubt

Regards


Val

[Ashley]

Can't agree with Val, the situation following the quashing of a conviction and the ordering of a re-trial is very different to the situation prior to the original trial. The quashing of a conviction on appeal is not a finding of innocence, only that the original conviction is unsafe. In a very small number of cases the appeal judges will comment further on the question of innocence.
The defence can apply for bail and just like the situation prior to trial, the Prosecution can argue against it. Much will depend on the circumstances: was the accused on bail before the original trial, what period of sentence is yet to be served, has the accused failed to answer bail in the past, is the person a danger to himself or others, is the person likely to interfere with witnesses, what is the strength of the defence case.....the list goes on.

Sorry if I have thrown cold water on the chances.

[sad person 6]

Ashley
No thank you for your answers
I have spoken to my brothers barriester and he did tell me that the situation is very differant than before he was convicted and that he would have to bring up bail ect (thats if he is even given a re trial it may be dismissed)
He was on bail right up to the day he was convicted
He has never skipped bail
He has 3 and half years left to serve
He is not a danger to himself or others
He would not interfere with witnesses although the victim does live very close to him.
The original appeal is about pressure of time on the jury

Thanks ashley
sad