Section 22 of the Bail Act 2013 (NSW) replicates the former s 30AA, and the requirement to establish 'special or exceptional circumstances' for bail pending appeal is unchanged. Section 17(3)(i), which requires consideration of whether an appeal has a reasonably arguable prospect of success, is subject to s 22 and does not lower the threshold. Where grounds of appeal are the principal factor relied upon, an applicant must show much more than that the grounds are arguable, but need not show the ground is certain to succeed.
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