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Demonstrating Show Cause

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In accordance with the Bail Act, certain individuals facing particular charges must 'show cause' to justify why their detention is unwarranted. Failing to meet this requirement results in automatic bail denial. When show cause provisions don't apply, the focus shifts to addressing 'bail concerns' in a bail application. Essentially, the show cause requirement adds an extra hurdle before bail can be granted, typically in serious cases. The Bail Act specifies a range of offences subject to show cause provisions, including those with potential life imprisonment, specific serious sexual or drug offences, and more involving firearms or military weapons. The Court has established that various factors satisfy the show cause requirement. These factors include youth, first-time custody, weak prosecution cases, and severe health issues untreated in detention. While the Act lacks precise factors, two key principles emerge from significant Supreme Court rulings:

  • Extraordinary circumstances aren't mandatory to fulfill the show cause requirement.
  • A combination of factors can collectively establish a demonstrating cause.

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