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ARTICLE · 19 APRIL 2023

Should Jarryd Hayne be behind bars?

Section 22B Bail Act discussed in the context of the recent Jarryd Hayne case.

AustraliaCriminal Law

Jarryd Hayne is back in custody following the unsuccessful challenge to the prosecution's application to have him held in custody until his sentencing hearing next month.

The New South Wales Supreme Court yesterday found no grounds for the former NRL star to remain at liberty, specifically referencing  recent amendments to the Bail Act 2013, namely section 22B, which requires the defendant, in this case Mr Hayne, to show special or exceptional circumstances for remaining on bail.

Section 22B

Under  section 22B, which was introduced into the Bail Act just last year, there are strict limitations regarding bail during period following conviction and before sentencing for certain offences:

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