The combination of a weak prosecution case, very long delay before trial (exacerbated by the COVID-19 pandemic), and onerous custodial conditions can compel a finding of exceptional circumstances under the Bail Act 1977 (Vic), even where the accused has an unimpressive criminal history and was on bail and a CCO at the time of the alleged offending. However, delay caused by the pandemic does not, without more, establish exceptional circumstances in every case. The prospect that an accused may serve all or nearly all of any potential sentence on remand before trial weighs powerfully in the assessment of unacceptable risk under s 4E.
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