Bail in extradition proceedings

Bail has long been extremely difficult to obtain in extradition proceedings. It will only be granted when “special circumstances” are found to be present. Even then, further hurdles must be overcome and considerable discretion to refuse bail still remains. This article examines the origins of the “special circumstances” test for bail in extradition proceedings, the explanation of that test given in Cabal v United Mexican States (2001) 209 CLR 165, and the potential for law reform.