Cabal v United Mexican States [No 2]

Constitutional law – High Court and federal judiciary - Implied or inherent powers - Distinction between implied and inherent powers - Whether implied or inherent jurisdiction and power to grant bail pending hearing - Whether bail only available to prevent futility of proceedings - Purpose of constitutional jurisdiction and power.

Practice and procedure – Application for special leave to appeal referred for hearing before Full Court of the High Court - Proposed appeal concerns constitutional challenges to validity of Extradition Act 1988 (Cth) - Applicant subject to extradition determination applies for bail pending hearing of application before Full Court - Applicant in custody for more than 30 months - Severe conditions of custody.

Extradition – Bail - High Court - Implied or inherent power to grant bail - Purpose of implied constitutional jurisdiction and power to grant bail to applicant for special leave to appeal referred to Full High Court - Need for exceptional circumstances - Proof of prolonged detention in severe custodial conditions during pendency of proceedings - Discretionary considerations for the grant of bail - Terms and conditions appropriate to bail - Whether sureties and delivery of certificate of title, mortgage and transfer of mortgage over substantial property sufficient security for compliance with bail conditions.

Criminal law and procedure – Bail - Extradition Act 1988 (Cth) proceedings - Constitutional challenge to Act referred to Full High Court for argument as on appeal - Whether High Court has jurisdiction and power to grant bail in the absence of a grant of special leave to appeal - Whether bail may be granted under Act before grant of special leave - Whether bail may be granted pursuant to the Constitution - Whether exceptional circumstances established - Relevance of extended detention of applicant in severe custodial conditions unsegregated from convicted prisoners - Whether discretion to grant bail should be exercised - Terms and conditions relevant to the grant of bail - Function of sureties and financial security appropriate to the favourable exercise of the bail discretion - Expedition of the hearing of proceedings before Full Court - Relevance of discovery of false identity documents after arrest - Relevance of presumption favourable to personal liberty in the context of the Act - Sufficiency of sureties and security to ensure compliance with bail conditions.

Words and phrases – "appeal" - "exceptional circumstances".

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