A magistrate's failure to give reasons when granting bail where the exceptional circumstances test applies under s 12A of the Bail Act 1977 (Vic) reopens the bail discretion, requiring the appellate court to conduct the hearing de novo. Membership of an outlaw motorcycle gang, combined with serious violent offending, weapons possession, and drug trafficking charges, will weigh heavily against a finding of exceptional circumstances and in favour of a finding of unacceptable risk.
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