Bail is a written agreement you sign promising to appear in court on a certain date. The law for bail in Queensland is the Bail Act (Qld). This agreement may include conditions and all bail agreements prohibit committing further offences while on bail. Courts may refuse bail if they determine there is an unacceptable risk of the individual committing further offences or failing to appear in court.
What is Bail?
Bail is a written undertaking that you sign, promising to appear at court on the date specified by the police or courts. When you are granted bail, you are released from custody and allowed to live in the community while waiting for your case to be heard. Bail conditions may include a reporting condition, a residential condition, and a condition not to commit further offences. The law governing bail in Queensland is the Bail Act Queensland. You must comply with bail conditions to avoid breaching bail.
Types of Bail
Watch-house Bail
Watch-house bail is given by police when you are arrested and charged. When you sign the agreement you are released and must:
- Attend court on the specified date
- Comply with all release conditions
- Remain in the community until court appearance
- May apply for bail variation when needed
Court Bail
Court bail is required when police don’t give watch-house bail. Key points:
- Application made direct to court
- Release after signing agreement
- May take several hours to process
- More detailed consideration required
Bail Application Process
The process involves submitting bail applications, filling out forms, providing supporting documents, and attending a bail hearing.
- Filling out forms
- Providing supporting documents
- Going to bail hearing
- Meeting eligibility criteria
- Capacity to comply
Court Considerations and Unacceptable Risk
Courts consider:
- Type of criminal offences and their seriousness
- Evidence
- Criminal history
- Previous court appearances
- Stable accommodation
- Employment
- Family circumstances
- Flight risk
- Public safety concerns
- Witness interference
Show Cause Provisions
In certain situations defendants must “show cause” including:
- Serious offences while on existing bail
- Weapon offences
- Bail Act breaches
- Control order breaches
- Law enforcement threats
- Domestic violence offences
- High penalty offences
Bail Conditions
- Police reporting: Police reporting conditions may require the defendant to report to a specific police station at designated intervals.
- Fixed address: A fixed address condition may require the defendant to reside at a particular address, and any request to change this address must follow legal procedures and obtain necessary consents.
- Passport surrender
- No contact orders
- Curfews
- Electronic monitoring
- Surety requirements
Bail Consequences
If you breach your bail conditions, you may face serious consequences, including being arrested and charged with a criminal offence. A breach of bail can result in a fine of up to 40 penalty units or up to two years in prison. If you receive a custodial sentence for breaching bail, it will be cumulative with any other prison sentence. Additionally, if money or security was deposited or promised, it may be forfeited to the state of Queensland. A conviction for breaching bail can also affect future decisions on whether to grant bail.
Variation Process
To vary bail conditions:
- Submit variation application
- Provide grounds
- Go to variation hearing
- Get court approval
- Update agreement
Breach of Bail Penalties
Breach of bail conditions can result in:
- Immediate arrest
- Bail revoked
- Additional charges
- The maximum penalty for breaching bail conditions can be a fine of up to 40 penalty units or up to two years of imprisonment
Supreme Court Application
If Magistrates Court refuses bail:
- Supreme Court application possible
- Must show changed circumstances
- Need proper legal representation
- More complex process
- Different consideration criteria
Bail Enlargement
When adjourned:
- Bail enlarged
- Same conditions
- No new agreement
- Can reside in the community
- Status quo until next court date
Getting Legal Advice
If you are unsure about your bail or need help understanding your bail conditions, it is essential to seek legal advice. A lawyer can help you navigate the bail process and ensure that you comply with all conditions. If you are charged with a serious offence or have an urgent matter, you should apply for legal aid or get a private lawyer. The following organisations may be able to give you legal advice: Sisters Inside, Legal Aid Queensland, and the Queensland Law Society. Remember to ask police prosecutions for a copy of your Queensland Police form 9 (QP9) before getting legal advice.
Bail Process Timeline
The bail process typically involves the following steps:
- Arrest and charge: You are arrested and charged with a criminal offence.
- Police bail: The police may grant you bail at the police watch-house (known as watch-house bail).
- Court bail: If the police refuse to grant bail, you will be taken to court, where you can apply for bail.
- Bail application: You or your lawyer will make a bail application to the court, which will consider various factors, including the seriousness of the offence, your character, and the likelihood of you committing further offences.
- Bail decision: The court will decide whether to grant you bail and impose conditions.
- Bail undertaking: If you are granted bail, you will sign a bail undertaking, which is a written promise to attend court on the specified date and comply with conditions.
- Court dates: You will be required to attend court on the specified dates, and your case will be heard.
- Bail review: If your circumstances change, you can apply to the court to review your bail conditions.
Remember to comply with all bail conditions and attend court on the specified dates to avoid breaching bail. If you are facing any criminal charges, contact Bazzi Law today for a free consultation.
