A detention application by the DPP to the Court of Criminal Appeal under s 67(1)(e) of the Bail Act 2013 (NSW) following a grant of bail by a Supreme Court Judge proceeds as a de novo hearing with no principle of restraint. Risk assessment reports concerning a detainee's designation as a National Security Interest detainee and associations with violent extremism are highly relevant to the assessment of bail concerns under ss 18(1)(q) and (r), and the failure to place such material before the original bail judge may warrant a fresh detention application.
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