Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies to an application for bail (other than a bail review application) by an accused person in a proceeding if—
(a) the proceeding is one in which the Supreme Court has power to make a bail order under section 20B (a); and
(b) the accused person has—
(i) made 2 or more applications for bail in the Magistrates Court when the proceeding was before that court; or
(ii) if subparagraph (i) does not apply—made 1 application in the Supreme Court for bail in the proceeding.
(2) The court may only consider a further application for bail (other than a bail review application) by the person in the proceeding if the court is satisfied—
(a) that since the last application for bail there has been a change in circumstances relevant to the granting of bail; or
(b) that there is fresh evidence or information of relevance to the granting of bail that was unavailable at the last application for bail.
Examples
1 An accused person has made only 1 application for bail in the Magistrates Court in a criminal proceeding. The person is committed for trial in the Supreme Court in relation to the proceeding. If the accused makes an application for bail in the Supreme Court in the proceeding, subsection (2) will not apply to the court's consideration of the application because the person did not make 2 or more applications for bail in the Magistrates Court when the proceeding was before that court.
2 An accused person has made 3 applications for bail in the Magistrates Court in a criminal proceeding. The person is committed for trial in the Supreme Court in relation to the proceeding. If the accused makes an application for bail in the Supreme Court in the proceeding, subsection (2) will apply to the court's consideration of the application.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).