What is a stay of execution and bail pending appeal?
If you are appealing against your sentence, you may wish to apply for a stay of execution. This is a court order that temporarily suspends the execution of the sentence pending appeal. This allows you to postpone the start of the sentence to after the court decides on your appeal.
At the same time, you can apply to the Judge for bail pending appeal. The Court will consider the Prosecutor's input before deciding on your application.
Even if there is no objection to your application, the Prosecution may seek to increase your bail amount. If you can't provide the bail, your sentence will begin immediately. Should you be granted bail pending appeal, you must comply with the bail conditions. This typically includes surrendering to the Court to serve your sentence if you choose not to pursue the appeal.
If you do continue with the appeal, you must attend the appeal hearing. Failing to surrender will result in a Warrant of Arrest being issued. You will be arrested, brought to Court, and then transferred to the Prisons Department to serve your sentence.
Please refer to the Judiciary’s website on criminal appeal for more information, at https://www.judiciary.gov.sg/criminal/appeal-overview.