Does a judge have jurisdiction to grant bail after conviction if none is given by statute?
Alberta, Canada
The following excerpt is from R. v. Hicks, 1981 ABCA 225 (CanLII):
I cannot agree with the view expressed by Mr. Justice Hallett in Blyth v. Appeal Commissioners of Lancaster, [1944] 1 All E.R.587 and thereafter in certain other cases following Blyth, to the effect that there is no jurisdiction to grant bail after conviction if none is given by statute. He relies upon the statements of law of the sort I have just reviewed and that I have just, at least to my satisfaction, explained.
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