The 'exceptional reasons' requirement in cl 4A of sch 1 pt C of the Bail Act 1982 (WA) does not apply to bail pending appeals under Part 2 of the Criminal Appeals Act 2004 (WA). An applicant for bail pending a Part 2 appeal is treated as a person awaiting appearance before conviction. However, bail may still be refused where the risk of offending cannot be sufficiently removed by conditions, particularly where the applicant has a history of breaching bail conditions. The apparent lack of merit in appeal grounds reduces the significance of the shortness of sentence as a factor favouring bail.
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