A two-year pre-trial delay, combined with COVID-19 restrictions on custody conditions and a self-represented accused's impaired ability to prepare a complex case, may tip the balance in favour of bail even where the Crown case is strong and the applicant has an extensive criminal history, provided stringent conditions can be imposed. The Court expressed a preliminary view (obiter) that only one prosecutor should appear on a bail application even where both Commonwealth and State charges are involved. Police officer letters containing opinions on the strength of the Crown case remain unhelpful on bail applications.
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