Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a court or authorised officer is required under this part to be satisfied of the existence of special or exceptional circumstances favouring the grant of bail to a person.
(2) A circumstance that would be an applicable bail criteria for the person is not a special or exceptional circumstance only because it is an applicable bail criteria.
(3) Also, the court or authorised officer must consider the applicable bail criteria for the person only after the court or authorised officer is satisfied of the existence of the special or exceptional circumstances.
Examples for s (3)
1 Damien is before the court charged with having committed an aggravated robbery. He has earlier been charged with having committed aggravated robbery. Section 9D applies and there is a presumption against bail unless there are special or exceptional circumstances. Damien argues that there are special circumstances as he needs to support his child, he may lose his job and he may lose an opportunity to take up public housing. The court considers that the circumstances are not special or exceptional. Bail is not granted and the criteria in section 22 are not considered.
2 Jason is facing similar charges. Jason has
had a car accident before his arrest for the second offence. His kidneys are
damaged requiring dialysis every 3 days. Jason argues that his need for
regular treatment and his reduced mobility mean that he is highly unlikely to
abscond. The court considers these circumstances are special or exceptional.
The court then considers the criteria in section 22 in deciding whether to
grant bail.