# Opening ## Exceptional Circumstances >Your Honour, bail is opposed. The applicant must demonstrate that exceptional circumstances exist pursuant to [legislative provision]. - **s. 4AA(1)**: Sch 1 committed. - **s. 4AA(2)(a)**: Sch 2 committed + *terrorism* record. - **s. 4AA(2)(b)**: Sch 2 committed + s. 8AA *terrorism risk*. - **s. 4AA(2)(c)(i)**: Sch 2 committed + on *bail* for Sch 1/Sch 2. - **s. 4AA(2)(c)(ii)**: Sch 2 committed + on *summons* for Sch 1/Sch 2. - **s. 4AA(2)(c)(iii)**: Sch 2 committed + at large for Sch 1/Sch 2 (*warrant*). - **s. 4AA(2)(c)(iiia)**: Sch 2 committed + on *remand* for Sch 1/Sch 2. - **s. 4AA(2)(c)(iiib)**: Sch 2 committed + at large for *sentence* for Sch 1/Sch 2. - **s. 4AA(5)(a)(i)**: An adjourned undertaking doesn't apply to s. 4AA(c)(iiib). - **s. 4AA(2)(c)(iv)**: Sch 2 committed + on *CCO* for Sch 1/Sch 2. - **s. 4AA(2)(c)(v)**: Sch 2 committed + serving *sentence* for Sch 1/Sch 2. - **s. 4AA(5)(a)(i)**: An adjourned undertaking doesn't apply to s. 4AA(c)(v). - **s. 4AA(2)(c)(vi)**: Sch 2 committed + on *parole* order for Sch 1/Sch 2. - **s. 4AA(2)(d)**: Offence of conspiracy to commit or incitement to commit is same as (c). ## Compelling Reasons >Your Honour, bail is opposed. The applicant must demonstrate that a compelling reason exists, having been accused of a Schedule 2 offences/circumstances [identify schedule item number and articular position to court]. - **s. 4AA(3)**: Sch 2 committed + s. 4AA(2) (exceptional circumstances) doesn't apply. - **s. 4AA(4)(a)**: Neither Sch 1/Sch 2 + terrorism record. - **s. 4AA(4)(b)**: Neither Sch 1/Sch 2 + s. 8AA terrorism record. >Your Honour, the exceptional circumstances/show compelling reasons test is a two-step process. Step 1 is found at .... Your Honour must refuse bail unless exceptional circumstances/a compelling reason exist. ## Unacceptable Risk >If Your Honour finds that the exceptional circumstances/a compelling reason exists, then Your Honour must move to Step 2 [identify legislative provision]. - **s. 4D(a)**: Where s. 4A(4) (exceptional circumstances made out) or s. 4C(4) (compelling reason made out) the BDM must move to the unacceptable risk test. - **s. 4D(b)**: Where neither exceptional circumstances or show compelling required, BDM must move to unacceptable risk test. >The prosecution submit that the applicant is an unacceptable risk of [identify factors and apply the facts].