Commentary on Sections Part 10: Retrial for Serious Offences Section 90: Bail and custody during and after hearing
343.Section 90 makes similar provision for bail or remand in custody during and after the Court of Appeal hearing. At this stage decisions on bail or remand will be made by the Court of Appeal, which will need to take into account its own decision in relation to the application. The Court may decide either to bail the person or remand him in custody until a retrial can be held, or until any appeal against the Court’s ruling is determined.