Delay to trial caused by COVID-19 constitutes a material change in circumstances justifying reconsideration of bail, but lengthy pre-trial delay is not necessarily a decisive consideration in favour of bail where the Crown case is strong and the offence is serious. The strength of the Crown case and consequent risks of flight do not diminish as the length of time to trial increases. Claims under the Human Rights Act 2019 (Qld) regarding the lawfulness of detention cannot be raised for the first time on appeal from a bail refusal.
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