Call our lawyers
now
or,
have our lawyers
call you
Bail in Queensland
Updated on Nov 08, 2022 • 5 min read • 968 views • Copy Link
Bail in Queensland
If you are accused of committing a criminal offence in Queensland, you will usually receive a Notice to Appear stating a time and date when you must attend a Magistrates Court. If it is a serious offence, you may be arrested and remanded in custody or granted police bail. If you are remanded by police, once you appear in court, you can apply for bail. When a person receives either police bail or court bail, they must enter into a written promise to appear before the court at a particular time and date. This is called a bail undertaking. The rules on being granted bail are set out in the Bail Act 1980.
Procedure for being granted police bail
If you are arrested for an offence in Queensland, you will generally be placed in the custody of a police officer who is legally obliged to consider whether they should grant you bail. If it is impracticable for you to be taken to a court within 24 hours of your arrest, that police officer must choose to either grant you police bail or issue you with a notice to appear at the court at a later date.
Bail can be granted on two conditions: the payment of a deposit of money as security for later appearing in court, or subject to certain special conditions. These special conditions can include prohibitions on entering certain premises, surrendering your passport, or attending a drug and alcohol assessment referral. These special conditions will only be imposed if the police officer considers it necessary to ensure you do not commit another crime while you are on bail, or to secure your appearance at court.
If you are granted bail on the condition of paying a deposit of money as security, you will agree to forfeit that money if you do not appear at court when required.
If you are refused bail by the police, they must record their reasons; however, they do not have to give you a copy of those reasons. You may, however, appeal the refusal to a court.
Procedure for being granted court bail
In Queensland, if you are not granted police bail, you must be brought before a court as soon as possible. Once you are at court, you can apply for court bail.
At the bail application hearing, the court can consider any evidence it thinks is relevant to your character, and the prosecutor will give evidence demonstrating why you should not be granted bail. This may include evidence of previous convictions or charges, and evidence of previously breached bail undertakings.
The court will refuse your bail application if it considers there to be an unacceptable risk you will commit an offence whilst on bail or fail to appear at court when required.
If bail application is granted, it may be subject to special conditions, or you may be required to pay a deposit as security for attending court later.
Also, a court cannot make a costs order for your bail application, so you do not have to pay anything extra for making the application.
What happens if I am approved for bail?
If you are granted bail, you will be allowed to leave custody on the conditions set out in your bail undertaking. If you breach your bail conditions, you may be arrested and your bail may be revoked.
Bail conditions may include reporting to the police on a daily or weekly basis, restrictions on entering certain premises or having contact with certain people. abstaining from drugs or alcohol or abiding by a curfew. If the court has concerns that you may try to leave the country, you may be required to hand over your passport.
What happens if I am refused bail?
A court will refuse you bail if it thinks there is an unacceptable risk you will commit another offence while you are on bail, or that you will not attend court when required. If your application is refused, you will be kept in custody until your matter is finalised (or until a court grants you bail). In making this decision, the court will look to a number of things including your character, how serious the offence is, your home environment and employment, and your bail history.
Provided the refusal was not made at the trial itself or by a Supreme Court (which must hear bail applications where the offence may result in life imprisonment), you can have the decision reviewed, usually by the Supreme Court.
What is a surety?
A surety is a person over 18 years of age who agrees to forfeit money or other property if you breach the conditions of your bail. The court will have to decide whether the nominated surety is suitable for the role and whether the amount proposed is adequate. The court itself will also often require a surety before approving a bail application.
Often having a surety will assist a person to receive a positive outcome at a bail application.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.