When the prisoner is remanded, the execution of the judgment shall not be suspended by a petition for appeal or by a writ of error, or for the purpose of applying for such writ. When he is ordered to be discharged, and the execution of the judgment is suspended for the purpose of petitioning for appeal to the Court of Appeals or applying for a writ of error from the Supreme Court, the court making such suspending order may admit the prisoner to bail until the expiration of the time allowed for filing a petition for appeal or applying for the writ of error, or, in case the petition for appeal is filed or the writ of error is allowed, until the decision of the Court of Appeals or the Supreme Court thereon is duly certified.
§ 8.01-665.When execution of judgment suspended; when prisoner admitted to bail.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-665 bars suspending execution of a judgment remanding a habeas petitioner, but lets the court admit a discharged prisoner to bail while an appeal or writ of error from the discharge order is pursued, continuing until the higher court’s decision is certified.
Full Text of § 8.01-665
Plain-English Summary
Section 8.01-665 treats a remand and a discharge in sharply different ways. When the petitioner is remanded, nothing about a petition for appeal, a writ of error, or even an application for one, suspends the execution of that judgment — remand takes effect regardless of further proceedings.
A discharge works the other way. When the petitioner is ordered discharged, and execution of that judgment is suspended so that a petition for appeal to the Court of Appeals or an application for a writ of error from the Supreme Court can go forward, the court that entered the suspending order may admit the prisoner to bail. That bail can run until the time allowed for filing the petition or application expires, or, if the petition is filed or the writ allowed, until the Court of Appeals’ or Supreme Court’s decision is duly certified.
Frequently Asked Questions
If my habeas petition is denied and I am remanded, can I stay out while an appeal is pursued?
No. Execution of a judgment remanding the petitioner is not suspended by a petition for appeal, a writ of error, or an application for one.
If I am ordered discharged, can that order be put on hold pending appeal?
Yes. Execution of a judgment ordering discharge may be suspended for the purpose of petitioning for appeal to the Court of Appeals or applying for a writ of error from the Supreme Court.
Can I get bail while that suspension is in effect?
Yes. The court making the suspending order may admit the prisoner to bail during that period.
How long does that bail last?
Until the time allowed for filing the petition for appeal or applying for the writ of error expires, or, if the petition is filed or the writ allowed, until the decision on it is duly certified.
Which courts are involved in reviewing a discharge order under this section?
The Court of Appeals, through a petition for appeal, or the Supreme Court, through an application for a writ of error.
Amendment History
Code 1950, § 8-607; 1977, c. 617; 1984, c. 703.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: habeas corpus bail pending appeal virginiaappeal habeas corpus discharge order virginiavirginia habeas corpus execution suspended8.01-665 admitted to bail appeal