22BLimitation regarding bail during period following conviction and before sentencing for certain offences

22B Limitation regarding bail during period following conviction and before sentencing for certain offences

22B Limitation regarding bail during period following conviction and before sentencing for certain offences

(1) During the period following conviction and before sentencing for an offence for which the accused person will be sentenced to imprisonment to be served by full-time detention, a court—

(a) on a release application made by the accused person—must not grant bail or dispense with bail, unless it is established that special or exceptional circumstances exist that justify the decision, or

(b) on a detention application made in relation to the accused person—must refuse bail, unless it is established that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail.

(2) If the offence is a show cause offence, the requirement that the accused person establish that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why the accused person’s detention is not justified.

(3) Subject to subsection (1), Division 2 applies to a bail decision made by a court under this section.

(4) This section applies despite anything to the contrary in this Act.

(5) In this section—

conviction also includes a plea of guilty.

Note—

Conviction is defined in section 4(1) to include a finding of guilt.

s 22B: Ins 2022 No 27, Sch 1[1]. Am 2023 No 39, Sch 1[2].