The Court held that where an accused appears before the court in answer to a summons and is not in custody, s 19A of the Bail Act 1992 (ACT) provides the only basis for making a bail order, given that s 57AA abolishes any inherent bail jurisdiction. The Court further held that the mere fact of committal for trial, raising a general possibility that any accused might not attend future court dates, does not constitute 'fresh evidence or information' establishing a 'substantial risk' sufficient to satisfy s 19A(1)(c)(ii), and accordingly revoked the bail order as having been made without jurisdiction.
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