An appeal is not 'pending' before the NSWCCA for the purposes of s 61 of the Bail Act 2013 (NSW) where the notice of appeal has been filed outside the time limits in the Criminal Appeal Rules without an extension of time having been granted. The difficulty of preparing an appeal from custody is not, standing alone, a special or exceptional circumstance under s 22 of the Bail Act. The Bail Act 2013 (NSW) is a comprehensive code for bail jurisdiction and inherent jurisdiction cannot supplement it.
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