A notice of intention to appeal against sentence that requires an extension of time does not constitute a 'substantive proceeding' pending in the Court of Criminal Appeal for the purposes of ss 5, 59 and 61 of the Bail Act 2013 (NSW), and the CCA has no jurisdiction to grant bail until the extension is granted and the application for leave is filed. Even where a proposed ground of appeal has conceded merit (such as failure to account for pre-sentence custody), it will not constitute 'special or exceptional circumstances' for bail under s 22(1) if the resulting adjustment would not affect the applicant's custody before the likely hearing date.
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