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26.3.1.3 - "Show compelling reason"

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

unless satisfied that a compelling reason exists that justifies the grant of bail (BA ss4C(1), (1A), 4AA(3), (4)).

In considering whether a compelling reason exists, the bail decision maker must take into account the “surrounding circumstances” (s4C(3)). See 26.3.1.5 for the definition of surrounding circumstances.

The show compelling reason test applies to a bail determination for a person accused of an offence that is neither a Schedule 1 or Schedule 2 offence if:

For more information, see:

See Also

26.3.1 - Presumption of bail and exceptions

26.3.1.1 - Terrorism risk or record

26.3.1.2 - Exceptional circumstances

26.3.1.4 - Unacceptable risk

26.3.1.5 - Surrounding circumstances

26.3.1.6 – Two-step process for bail determination