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Book Index - "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 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 - Terrorism risk or record - Exceptional circumstances - Unacceptable risk - Surrounding circumstances – Two-step process for bail determination