The ACT government said it anticipates the territory's controversial bail review power will be "rarely used" as prosecutors sought to exercise the power in its second day of operation.
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The new law - which allows prosecutors to apply for a review of the decision in the ACT Supreme Court - came into effect on Monday, prompting the ACT Law Society to voice concerns about unknowns around how it would work in practice.
This included whether the government had given the ACT Supreme Court extra resources if it needed to sit out-of-hours.
The government responded by saying the law would only apply to serious and family violence offenders and only where exceptional circumstances exist, and it is in the public interest.
"It is anticipated that the power will be rarely used as a result of these criteria and the circumstances in which the ACT Supreme Court will be required to sit out of hours will be even rarer. In these circumstances additional specific resources have not been allocated to the Supreme Court and the work will be undertaken as part of 'business as usual," a government spokeswoman said.
The government also confirmed that ACT Corrective Services had the right authority to detain people under the laws, which was another concern raised by the Law Society.
The Law Society also questioned why guidelines for the power's use - which then-Attorney-General Simon Corbell said would be published online - were yet to be made available on the Monday, the day the law came into effect.
The government has since published a set of written guidelines on the Director of Public Prosecutions website.
The new powers were exercised by the DPP for the first time on Tuesday. Magistrate Robert Cook had released alleged offender Darren John West with bail conditions, prompting prosecutors to indicate the DPP would apply for a review.
The man had faced court charged with reckless threat to kill, assault, attempted choking, possessing an offensive weapon with intent and assault occasioning actual bodily harm arising from an alleged incident involving his partner.
The application stayed the man's release on bail for two hours, during which time the DPP had to provide his lawyers with written confirmation of the review if it was to go ahead.
If the review was to go ahead, the law allows the alleged offender to be detained for a further maximum of 48 hours before they are brought before the ACT Supreme Court.
ACT Law Society president Sarah Avery said the society understood there was confusion in court about what was to happen to the defendant on Tuesday following the application.
"He was ultimately detained in the court cells for a period of time, until the DPP decided not to proceed with the application, and he was released," she said. "We understand that he was in custody for more than two hours after originally being granted bail by the Magistrate.
"There also appears to be no process in place for informing a defendant's lawyers if the DPP decides not to proceed with the application."
She also noted there had been no reference in court as to what "exceptional circumstances" or "public interest factors" caused the prosecution application for review.
The new laws were passed last year amid criticism from defence lawyers and the Law Society, who said the powers were "inconsistent with the human rights principles said to be prized by the ACT government". The laws were also described as unnecessary and impractical.
The government has previously said the laws strike the right balance and ensured the "rights of the accused are limited in the least restrictive way possible".
