United Mexican States v Pasini

Criminal law – Practice and procedure - Bail - Whether High Court has power to grant bail - In what circumstances High Court will grant bail - What constitutes "special circumstances" - Whether special circumstances established where applicant subject to extradition determination, in custody for over 30 months and subject to extremely harsh conditions in detention - Whether risk of flight outweighs special circumstances.

Extradition – Bail - Whether High Court has power to grant bail pursuant to the Extradition Act 1988 (Cth) or pursuant to Constitution - What constitutes "special circumstances" for the purposes of granting bail in extradition proceedings - Rationale for refusing bail in extradition cases.

High Court of Australia – Practice and procedure - Bail - Whether High Court has power to grant bail pursuant to appellate or original jurisdiction - Proper form of order for admitting prisoner to bail - In what circumstances High Court will grant bail - Where applicant for bail subject to extradition determination and application for special leave to appeal still pending - What constitutes "special circumstances" - Whether special circumstances established by applicant in this extradition proceeding - Whether risk of flight outweighs special circumstances.

High Court of Australia – Significance of referring hearing of application for special leave to appeal to Full Court of High Court.

Words and phrases – "special circumstances".

Extradition Act 1988 (Cth) – ss 15, 19, 21.