A bail decision under the Bail Act 1992 (ACT) is interlocutory, requiring leave to appeal under s 37E(4) of the Supreme Court Act 1933. The right of review under s 43 of the Bail Act should ordinarily be exhausted before seeking leave to appeal. The Crown need not establish on the balance of probabilities that the accused will reoffend; it is sufficient to demonstrate that the need to protect the community outweighs the prima facie entitlement to bail under s 8.
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