Special or exceptional circumstances for bail pending appeal under s 22(1) of the Bail Act 2013 (NSW) may be established by the combination of reasonable (not necessarily strong) prospects of success on appeal, the likelihood that the bulk of the non-parole period will be served before the appeal is decided, and the applicant's age and vulnerability in custody. The assessment of prospects of success on appeal is confined to reaching a broad overall view of the applicant's apparent prospects. A proposed pre-release condition that is a conduct requirement not falling within s 29(1) of the Bail Act cannot be designated as a pre-release requirement but may be imposed as a bail condition under s 25.
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