NSWIn ForceAct
Bail Act 2013
22BLimitation regarding bail during period following conviction and before sentencing for certain offences
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#### 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—
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> > > (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
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> > > (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.
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> > (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.
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> > (3) Subject to subsection (1), Division 2 applies to a bail decision made by a court under this section.
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> > (4) This section applies despite anything to the contrary in this Act.
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> > (5) In this section—
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> > conviction also includes a plea of guilty.
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> > Note—
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> > Conviction is defined in section 4(1) to include a finding of guilt.
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> **s 22B:** Ins 2022 No 27, Sch 1\[1\]. Am 2023 No 39, Sch 1\[2\].