The test for bail pending appeal requires demonstration of a high prospect of success — significantly higher than the threshold for leave to appeal — such that there is a real concern the appellant would suffer injustice by being kept in custody on an unsound conviction. Expressions such as 'most likely to succeed' and 'strong grounds for concluding the appeal would be allowed' are interchangeable and predicated on the notion that the prospect of success must be sufficiently likely to give rise to a real concern about injustice. The grant of leave to appeal does not of itself constitute an exceptional reason for bail.
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