The Court of Appeal has jurisdiction to grant bail to a person subject to a custodial supervision order pending an appeal under s 28A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), as an incident of its power to stay orders subject to its appellate jurisdiction, applying Mexico v Cabal. Neither s 28A(5)(a) of the Act nor s 310 of the Criminal Procedure Act 2009 (Vic) provides the relevant statutory power. A stay of the custodial supervision order must be made in order to attract the bail power.
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