The strength of the Crown case is relevant to both the show cause question under s 16A and the assessment of unacceptable risk under ss 17-18 of the Bail Act 2013 (NSW). Where the Crown case is of overwhelming strength in relation to offences carrying life imprisonment, delay of approximately 18 months to trial, family separation, and substantial surety offers may be insufficient to show cause. The question whether the show cause requirement in s 16A applies to detention applications under s 50 (given the definition of 'bail decision' in s 8) was raised but not resolved.
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