Previous Topic

Next Topic

Book Contents

Book Index

26.3.1.2 - Exceptional circumstances

A bail decision maker must refuse bail for a person accused of:

unless satisfied that exceptional circumstances exist that justify the grant of bail (ss4A(1), (1A), 4AA(1), (2)).

In considering whether exceptional circumstances exist, the bail decision maker must take into account the “surrounding circumstances” (s4A(3)). See 26.3.1.5 for the definition of surrounding circumstances.

Section 4AA(2) lists the circumstances that will uplift a Schedule 2 offence into the exceptional circumstances category:

Person accused of Schedule 2 offence

 

And the person has a terrorism record; or

s4AA(2)(a)

And the Court considering whether to grant bail determines under s8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or

s4AA(2)(b)

Person accused of Schedule 2 offence alleged to have been committed:

 

While the accused was on bail for any Schedule 1 or Schedule 2 offence; or

s4AA(2)(c)(i)

While the accused was subject to a summons to answer to a charge for any Schedule 1 or Schedule 2 offence; or

s4AA(2)(c)(ii)

While the accused was at large awaiting trial for any Schedule 1 or Schedule 2 offence; or

s4AA(2)(c)(iii)

During the period of a CCO made in respect of the accused for any Schedule 1 or Schedule 2 offence; or

s4AA(2)(c)(iv)

While the accused was otherwise serving a sentence for any Schedule 1 or Schedule 2 offence; or

s4AA(2)(c)(v)

While the accused was released under a parole order made in respect of any Schedule 1 or Schedule 2 offence; or

s4AA(2)(c)(vi)

The offence is an offence of conspiracy, incitement or attempting to commit an offence in any of the circumstances set out in s4AA(2)(c).

s4AA(2)(d)

For more information, see:

See Also

26.3.1 - Presumption of bail and exceptions

26.3.1.1 - Terrorism risk or record

26.3.1.3 - "Show compelling reason"

26.3.1.4 - Unacceptable risk

26.3.1.5 - Surrounding circumstances

26.3.1.6 – Two-step process for bail determination