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Bail Application QLD

Bail refers to the release of an arrested person prior to their trial. Bail is conditionally granted and its purpose is to streamline the justice system and save money.

Queensland Courts determine eligibility for bail based on what is outlined in the Bail Act 1980 Queensland. This Act also applies to Commonwealth offences.

Bail, which may be granted by Police or Courts, is a surety – in other words, a written promise to return to court – and is granted to a defendant wishing to be released from custody whilst awaiting trial or sentencing. Bail is usually accompanied by the lodging of a large sum of money, which is only returned after the Court has dealt with the defendants charges, and only if the defendant complies with his or her bail conditions.

Strict limitations apply, and are considered, when a person is granted bail, and some of these include:

  • character and background of the defendant
  • How serious the current offence was
  • if the defendant has breached bail before
  • likelihood of recidivism by the defendant
  • likelihood of the defendant to obstruct justice or interfere with witnesses in any other way
  • likelihood of the defendant to return to court
  • the defendants criminal history
  • the defendants employment and place of residence
  • the risk to the public if the defendant is released

Bail is generally processed quickly, when granted. 

Breach of Bail

You must read your bail undertaking with care and make sure you understand what you have to do to comply as if you fail to comply it is an offence under Bail Act Queensland section 29 Any breach in your bail will probably result in an arrest warrant being issued.

If you do not come to the Court on the date stated on your bail undertaking or fail to obey any of the conditions you may require legal advice immediately. Despite offering reasonable excuse for example sickness you must attend Court to explain this.

It is always better to go to your appointed police station freely otherwise you may be pursued by the police and arrested. If you give yourself up or are arrested after failing to comply with your bail, you will be kept in the watch house and made to attend court the following day.

You will be offered the chance to give an explanation to non compliance and you could get a re-bail granted if your excuse seems plausible. If the explanation is reasonable, the Court may excuse the breach and re-grant bail.

Certain types of breaches of bail will place an individual in a 'show cause position', making it more difficult to get bail again.

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