1A past and non-continuing breach of the Human Rights Act may be capable of constituting 'special or exceptional circumstances' under s 9D of the Bail Act, but the applicant must demonstrate the breach remains relevant as a matter favouring bail at the time the court considers the issue; a breach that was short in duration, unintentional, isolated and without ongoing adverse effects will not suffice (following DPP v Hiscox).
2The s 19(2) segregation requirement does not require that remand prisoners never come into any contact with sentenced prisoners, particularly in a single-prison jurisdiction; the question is one of degree, and incidental contact when moving through common areas does not constitute a breach.
3Whether s 16(2) of the Human Rights Act and ss 12 and 52 of the Corrections Management Act oblige Corrective Services to provide paid subscription media to detainees at public expense was left open, but on the facts the applicant had not established that a request for a self-funded newspaper subscription had been refused.
