› Repeat applications — new circumstances precondition under s 14(2a)
Criminal law and procedure
› Bail
› Medical conditions — threshold for exceptional reasons
Criminal law and procedure
› Bail
› Preparation of defence in custody
Quick Take
1Under the Bail Act 1982 (WA), 'exceptional reasons' for bail where serious offences are alleged may fall into recognised categories — a particularly weak prosecution case, inability to prepare a defence in custody, a serious medical condition risking permanent health damage if untreated in prison, or inordinate pre-trial delay — but the test is fact-sensitive and the categories are not closed.
2A medical condition will not ordinarily constitute 'exceptional reasons' for bail unless it is life-threatening or serious and cannot be adequately treated or managed in prison, resulting in a substantial risk of permanent damage to health; conditions falling short of this threshold will not suffice even in combination with other circumstances.
3Where a bail applicant must satisfy the precondition of 'new circumstances' under s 14(2a)(a) of the Bail Act 1982 (WA), the new circumstances must be more than mere matters of detail and must be capable — alone or in combination — of affecting the assessment of whether exceptional reasons exist.
