General limitation on court’s power to release
22 General limitation on court’s power to release
Despite anything to the contrary in this Act, a court is not to grant bail or dispense with bail for any of the following offences, unless it is established that special or exceptional circumstances exist that justify that bail decision—
an offence for which an appeal is pending in the Court of Criminal Appeal against—
a conviction on indictment, or
a sentence imposed on conviction on indictment,
an offence for which an appeal from the Court of Criminal Appeal is pending in the High Court in relation to an appeal referred to in paragraph (a).
If the offence is a show cause offence, the requirement that the accused person establish that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why his or her detention is not justified.
Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision made by a court under this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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