How exceptional circumstances works in practice.
The Bail Act 1977 (Vic) sets graduated tests for bail depending on the offence charged. For the most serious offences the accused must show that exceptional circumstances exist that justify granting bail. For a middle category of offences the accused must instead show a compelling reason why their continued detention is not justified. Only once the applicable threshold test is met does the court turn to whether the accused poses an unacceptable risk. There is no fixed definition of exceptional circumstances; the court weighs the combination of factors in the individual case, which can include personal circumstances, delay before the matter is heard, the strength of the prosecution case, and the conditions that could be offered. Whether a threshold test applies, and how it might be met, is assessed once the charges and the brief are known.
