When assessing bail for foreign nationals charged with fisheries offences, courts must consider each defendant's individual circumstances including their role and status on the vessel, financial means, and the proportionality of bail conditions to the likely penalty. The question whether unincorporated UNCLOS provisions (particularly Articles 73 and 292 regarding prompt release of crews upon posting of reasonable bond) may be taken into account as discretionary considerations in bail applications was left open by the majority but rejected by EM Heenan J.
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