Cabal v United Mexican States

Constitutional law – High Court and federal judiciary - Implied or inherent powers - Practice and procedure - Application for special leave to appeal referred for hearing to Full Court of High Court - Proposed appeal concerns constitutional challenges to validity of Extradition Act 1988 (Cth) - Applicants subject to extradition determinations apply for bail - Applicants in custody for more than 31 months - Whether implied or inherent jurisdiction and power to grant bail - Purposes of constitutional jurisdiction and power - Whether ousted by bail provisions of the Act.

Extradition – Bail - High Court - Implied or inherent power to grant bail - Purposes of implied constitutional jurisdiction and powers to grant bail to applicant for special leave to appeal referred to Full High Court - Need for proof of exceptional circumstances - Proof of prolonged detention in severe custodial circumstances - Terms and conditions appropriate to applications - Entitlement of applicants to be separately considered.

Criminal law and procedure – Bail - Extradition Act 1998 (Cth) proceedings - Constitutional challenge to Act referred to Full High Court for argument as on appeal - Whether High Court has jurisdiction and power in the absence of a grant of special leave to appeal to grant bail - Whether in the circumstances bail should be granted - Whether exceptional circumstances established to enliven Court's jurisdiction and powers - Whether discretion to grant bail should be exercised - Terms and conditions relevant to the grant of bail - Relevance of earlier considerations of bail applications by Federal Court of Australia - Relevance of extended detention of applicants in severe custodial conditions unsegregated from convicted prisoners - Relevance of security against risk of absconding established by the evidence - Whether electronic tag and home detention shown to be a lawful and suitable condition of bail - Extent of sureties and financial security appropriate to the favourable exercise of the bail discretion.

Words and phrases – "exceptional circumstances".

Extradition Act 1988 (Cth) – ss 21, 53.

Director of Public Prosecutions Act 1983 (Cth) – ss 6(1)(k) and (n).