Prince Edward Island – Criminal Appeal Rules of Court — 82.19
82.19 (1) An application, under section 679 of the Code, for release from custody pending appeal shall be made by notice of motion. (2) An application for release pending appeal shall not be heard unless the appellant has filed a notice of appeal as well as a request for transcript and certificate in Form 82C . (3) Where the appeal is from sentence only, a judge shall determine the application for leave to appeal the sentence before determining the application for release pending appeal. (4) The application shall be accompanied by an affidavit or affidavits, including where practicable an affidavit of the appellant, setting forth (a) the particulars respecting the conviction and sentence; (b) any grounds of appeal not specified in the notice of appeal; (c) the applicant’s (i) age, marital status and dependents, if any, (ii) places of residence in the three years preceding conviction, (iii) proposed place of residence if released, (iv) employment prior to conviction and expected employment and address of employment if released, and (v) criminal record, if any; and (d) where the appeal is from sentence only, any unnecessary hardship that would be caused if the appellant were detained in custody. (5) Where the Attorney General desires to assert that the detention of the applicant is necessary in the public interest and to rely on material other than that contained in the material filed by the applicant, the Attorney General shall file an affidavit setting out the facts on which the Attorney General relies. (6) The applicant and the Attorney General may, with leave of the Court, cross-examine on affidavits filed by the opposite party. (7) A judge may dispense with the filing of the affidavits referred to in this Rule and act on a statement of facts agreed on by the appellant and the Attorney General. (8) The applicant shall file a concise memorandum of fact and law and any portions of the transcript of the trial or hearing that may be required, in support of the requirements stipulated by section 679 of the Code for release pending the appeal and, if applicable, in support of the argument that the appeal or application for leave to appeal is not frivolous. The Attorney General shall file a memorandum in reply. (9) When granting an application for release, the judge may make a separate order requiring the applicant to file his or her factum within a specified time period after receipt of the transcript by the Registrar, or after release is granted, if the transcript has been filed. The factum shall not be filed after the time specified except with the leave of the Chief Justice or the Court. (10) Unless otherwise ordered by the judge hearing the application, all orders for release from custody pending appeal shall contain the following conditions: (a) that the appellant will surrender into custody at the courthouse or at such other place as may be specified in the order, on the day of the hearing of the appeal or such other day as may be specified in the order; (b) that the appellant acknowledges that failure to surrender into custody in accordance with the terms of the order will be deemed to constitute an abandonment of the appeal; (c) that the appeal will be pursued with all due diligence; (d) that the appellant will keep the peace and be of good behaviour; (e) that the appellant will advise the Registrar of his or her place of residence. (11) Where release pending appeal is granted, the appellant shall prepare and file with the Registrar the order for judicial interim release, any recognizance or undertaking, which may take the form provided in the Code or the Youth Criminal Justice Act and a notice of release from custody in Form 82J . (12) Where release is granted in a prisoner appeal, the Attorney General shall prepare the documentation required under subsection (10).