Australian Capital Territory Numbered Acts

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BAIL ACT 1992 - SECT 9

9. Notwithstanding anything contained in any other section of this Act, where—

        (a)     a person has been convicted of an offence by a court and sentenced to a period of imprisonment in respect of that offence; and

        (b)     an appeal is pending in the Supreme Court, the Federal Court or the High Court against the conviction or the sentence;

a court shall not grant bail to that person unless it is established that special or exceptional circumstances exist justifying the grant of bail.

Dispensing with bail

10. (1) A court that may grant bail to an accused person may instead dispense with the requirement for bail.

(2) In determining whether to release an accused person from custody without requiring bail, a court may have regard to any information which appears to the court to be relevant and reliable.

Effect of dispensing with bail

11. (1) While the requirement for bail is dispensed with under this Act in respect of a person accused of an offence, the person is entitled to be and to remain at liberty in respect of the offence until he or she is required to appear before a court in respect of the offence.

(2) Subsection (1) does not apply to an accused person while he or she is in custody for another offence or reason in respect of which he or she is not entitled to be at liberty, whether under this Act or otherwise.

Decision to dispense with bail



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