Judicial review proceedings challenging the dismissal of a conviction appeal may fall within 'proceedings on an appeal against conviction or sentence' in s 5(1)(d) of the Bail Act 2013 (NSW), giving the Court of Appeal jurisdiction over bail applications, though this was accepted pragmatically rather than definitively. The Court of Appeal's preferred practice is to refer bail matters to the Common Law Division under s 51(4) of the Supreme Court Act 1970 (NSW).
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