A single judge hearing a bail application in connection with a pending criminal appeal is presumed to be sitting as a judge of the Supreme Court (not the Court of Criminal Appeal) unless constituted as the CCA by direction of the Chief Justice, and the NSWCCA has jurisdiction to review such a determination under s 45(1)(b) of the Bail Act 1979 (NSW). The test for bail pending appeal requires demonstration of 'special or exceptional circumstances' under s 30AA, and where prospects of success on appeal are relied upon as the relevant circumstance, the applicant must show the appeal is 'most likely to succeed'.
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