The Court of Criminal Appeal has a discretionary power under s 67(1)(e) of the Bail Act 2013 (NSW) to decline to hear a bail application where a bail decision has been made by the Supreme Court, though this was the view of Basten JA alone (McCallum J disagreed and Davies J reserved). The hearing before the CCA under s 75 is to be approached with flexibility, and the Court is entitled to take into account findings of the judge below including credibility findings. The 'safety' bail concerns in ss 17(2)(c), 18(1)(o) and 19(2)(c) are limited to physical safety and do not extend to economic harm.
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