The ACT Court of Appeal has jurisdiction to grant bail pending appeal as an incident of the power to stay proceedings under s 37J of the Supreme Court Act 1933 (ACT), and this power may be exercised by a single judge. Section 57AA of the Bail Act 1992 (ACT) does not affect this power because it is not an exercise of inherent jurisdiction. The relevant period for assessing whether a sentence will be substantially served before appeal is the custodial portion of the sentence. Family hardship will rarely amount to a special or exceptional circumstance justifying bail pending appeal.
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