A bail application to the Court of Criminal Appeal under s 61 of the Bail Act 2013 (NSW) cannot be heard where the applicant's notice of intention to appeal has expired without extension and the notice of application for leave to appeal has been filed out of time, because no appeal is 'pending' before the Court. The question of whether leave to file out of time should be granted is a matter for the court constituted to hear the appeal, not the bail court. Having served half of a non-parole period, difficulties preparing an appeal, and COVID-19 restrictions in custody do not constitute special or exceptional circumstances under s 22.
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