Chris Merritt, who is facing charges that include assault and property damage, had applied to the court for bail, arguing he could not be held humanely in the ACT's overflowing system.

He also argued that Corrections authorities could not provide adequate medical treatment for an injury to his hand.

The system has been under increasing pressure since the ACT's new jail, the $123million Alexander Maconochie Centre in Hume, failed to open on time last week, throwing into chaos plans to transfer detainees from Belconnen and Symonston remand centres, and sentenced prisoners from NSW.

Glitches with the new jail's electronic security system have forced the opening to be delayed at least until January and security contractor Chubb is paying the ACT Government $44,000 a day in compensation.

Merritt had argued through his lawyers that the system was not providing him with adequate treatment for a broken hand which he suffered in an altercation with another detainee.

The 24-year-old, who is also alleged to have breached previous bail arrangements, was one of six detainees sleeping on fold-out beds in the Belconnen Remand Centre's recreation room, and without access to showers, because there was nowhere else to put them.

The Director of Public Prosecutions argued that the defence's submissions, which included Canberra Times articles detailing the extent of the cramped conditions in Belconnen, did not prove Merritt could not be adequately housed by ACT Corrections.

As an alleged serious offender, Merritt must also prove special or exceptional circumstances before he can be granted bail.

Although Justice Richard Refshauge agreed to hear Merritt's application based on the overcrowding issue, he refused yesterday to release Merritt on bail and pledged to publish the reasons for his refusal.

In the meantime, a meeting between ACT Human Rights Commissioner Helen Watchirs and Attorney-General Simon Corbell that had been scheduled to take place yesterday was postponed.