Bail Laws in Queensland

Bail laws in Queensland are governed by the Bail Act 1980 (‘the Act’).

Individuals accused of committing a criminal offence will generally receive a ‘Notice to Appear’ which states a time and date in which they must appear in court.

In cases of serious offences, individuals may be remanded and held in custody until this date.

In some instances, a person in custody can apply for bail to allow them to await their hearing outside of custody.

This may be restricted by a number of conditions and is essentially a written or paid promise that the individual will appear before the court at their set date and time.

The rules and conditions surrounding bail are set out within the Act governing bail laws.

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Police Bail Laws

Procedures surrounding the granting or refusal of bail is governed by the Act relating to bail laws.

Pursuant to section 7 of the Act, an individual who has been arrested in connection with a charge of an offence, or under a warrant issued under the Penalties and Sentences Act 1992, may be granted bail by the prescribed police officer.

If it is impracticable for an arrested person to be taken to a court within 24 hours of arrest, the officer may grant bail to the person by either releasing them from custody; or issuing and serving on the person a notice to appear and release the person from custody.

Bail laws dictate that bail may be granted in the form of payment as security the defendant will appear in court, or subject to special conditions.

The police may grant bail on the exception the defendant either makes a deposit of money as security for appearing in court, or they may impose special conditions.

These special conditions may include restricting the defendant from attending certain locations, or referring the defendant to a drug and alcohol assessment.

These special conditions will generally only be imposed if the police believe it is necessary in order to ensure the defendant does not reoffend.

The police may also refuse bail. They will be required to record their reasons for doing so, however these reasons are not required to be disclosed to the defendant.

Refusal of Court Bail

The court’s refusal of bail is described within section 16 of the Act. The court will generally refuse bail if there is an unacceptable risk that the defendant if released on bail:

• would fail to appear and surrender into custody; or
• would while released on bail—
• commit an offence; or
• endanger the safety or welfare of a person who is claimed to be a victim of the offence with which the defendant is charged or anyone else’s safety or welfare; or
• interfere with witnesses or otherwise obstruct the course of justice, whether for the defendant or anyone else; or
• that the defendant should remain in custody for the defendant’s own protection.

The court will additionally take into account the seriousness of the alleged offence, the background of the defendant (in terms of employment, character, and home environment), history of their bail applications, the strength of evidence against them, and whether the defendant is an Aboriginal or Torres Strait Islander person.

In circumstances where a bail application is refused, the defendant will be held in custody until the matter has been finalised, or until the bail application is granted. Bail application decisions may be reviewed by the Supreme Court, so long as the refusal was not made at the trial and not by the Supreme Court.

Granting of Court Bail

If an individual is refused police bail, they will generally be remanded in custody until they have an opportunity to appear before a court.

A bail application hearing enables the Court to consider a number of aspects and evidence in deciding whether the defendant may be granted bail.

The Court may consider evidence relevant to the defendant’s character, and will hear evidence provided by the prosecution arguing why the defendant should not be granted bail.

As stated above, the Court will refuse bail if they believe the defendant poses as an unacceptable risk to society.

Bail applications to the Supreme Court require no fee payable to the Court in accordance with section 10A of the Act.

If a bail application is granted, the defendant may simply be required to pay a deposit as security for attending court at a later date. Or, the bail may be subject to special conditions, these have been discussed in more detail below.

Bail Laws – Conditions

When applying for bail, a defendant should consider the concerns of the Court and how they may be able to address these with bail conditions.

Bail conditions which may be subjected to the defendant will depend on a number of circumstances, and the nature of the charges they are facing.

Set out below are a number of common bail conditions imposed in Queensland:

• Bail surety – this is quite uncommon; however, it is utilised in order to hold an individual other than the defendant liable. A surety is a person who makes a promise to pay a specified sum of money if the defendant fails to appear at their next court date or if they breach their bail.
• Curfew – a curfew may be imposed upon the defendant which requires them to be at their specified residence during certain hours. The police may also do random checks to ensure the defendant is abiding by this condition.
• Not to contact specified persons – this bail condition restricts who the defendant may contact. The court may order the defendant to refrain from contacting specified persons, this may be done to reduce the defendant’s chance of reoffending or interfering with witnesses.
• Not to attend specified locations – a condition restricting the defendant from attending particular locations may be imposed, an example of this could be the location of offending.
• Reporting condition – this condition requires the defendant to report to their local police station while on bail. This may be required to take place fortnightly, weekly, or daily. These intervals will depend on the defendant’s location and commitments.
• Residential condition – a residential bail condition requires the defendant to reside at a specified address. The owner of the premises will need to consent to this order for this condition to be imposed.
• Surrender passport – this is a common condition imposed upon defendants on bail. This may be required to mitigate the risk of the defendant fleeing the country.

In conclusion, bail can become quite a complex topic. If you have been charged with an indictable offence, it is worth knowing where you stand and what your rights are. A criminal lawyer will be able to give legal advice on the topic and provide defence if needed.

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