In the ACT, a stay of sentence must be obtained before bail can be granted to an appellant serving a sentence of imprisonment, because s 5(2)(b) of the Bail Act 1992 (ACT) prohibits bail for persons 'serving a sentence of imprisonment'. Once a stay is granted, bail is governed by s 9E, requiring special or exceptional circumstances. The tests for stay and bail are effectively coterminous and can be dealt with together. The expiry of the non-parole period before the appeal is heard, combined with other factors such as delay and the need to prepare for the appeal, can constitute special or exceptional circumstances.
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