New South Wales Consolidated Acts
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BAIL ACT 2013 - SECT 22
General limitation on court's power to release
22 General limitation on court's power to release
(1) 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
(a) an offence for which an appeal is pending in the Court of
Criminal Appeal against--
(i) a conviction on indictment, or
(ii) a sentence
imposed on conviction on indictment,
(b) 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).
(2) 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.
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