Section 22B(1) of the Bail Act 2013 (NSW) requires the bail authority to be satisfied that full-time imprisonment is 'realistically inevitable' — a standard higher than balance of probabilities but not absolute certainty. The theoretical availability of an alternative sentence such as an ICO does not preclude satisfaction of the condition if no other sentence could realistically be imposed. The onus of establishing special or exceptional circumstances rests on the convicted person, and health issues manageable by Justice Health and family care arrangements where other family support exists are unlikely to meet this threshold.
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