Our team at Brooke Winter Solicitors and Advisors can help you with making an application for bail.
Bail is a written undertaking that offenders sign which commits them to appearing or sending legal representation to appear for them at their future court dates. It allows you to stay in the community and continue with your life while your matter is being dealt with by the court.
Being on bail is helpful when you need to collect documents which will assist with your matter. There are a number of factors that the court or the Watchhouse keeper must consider when determining the question of bail;
S.16 Refusal of Bail (Bail Act Queensland)
(1) Notwithstanding this Act, a court or police officer authorised by this Act to grant bail shall refuse to grant bail to a defendant if the court or police officer is satisfied—
(a) that there is an unacceptable risk that the defendant if released on bail—
(i) would fail to appear and surrender into custody; or
(ii) would while released on bail—
(A) commit an offence; or
(B) 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
(C) interfere with witnesses or otherwise obstruct the course of justice, whether for the defendant or anyone else; or
(b) that the defendant should remain in custody for the defendant’s own protection.
There are two different types of bail: Watch House Bail and Court Bail. Watch House bail may be granted to you by the police when you are arrested. Once you sign the bail undertaking the police will release you, and you bound to attend your next court date. If you do not, a warrant may be issued for your arrest.
A person can be granted Court Bail when they were refused Watch House Bail. In that situation, the person’s legal representation will make detailed submissions in court as to why that person should be released into the community while their matters are being dealt with by the courts. The person will need to prove that they are not an unacceptable risk to the community in the sense that they are not at a high risk of re-offending and are not at a high risk of fleeing the state or country.
Bail undertakings often have conditions such as;
- Residential conditions;
- Not to communicate or approach victims or witnesses;
- Not to approach certain locations (such as the crime scene);
- Surrender Passports;
- Not to approach international points of departure (airports or seaports);
- Surrender Passports
- Reporting to the police;
- Comply with Domestic Violence Orders;
- Undertake Rehabilitation Courses.
If you do not comply with your bail conditions then you may be charged with a breach of bail offence. Such offences arise where a person who is on bail fails to appear at court or is charged with an indictable offence while being on bail for another offence. In this instance, a warrant will be issued for your arrest and you will be formally charged.
There are certain defences to a breach of bail, such as an emergency prevented the accused from reporting to the police station on time.
If the conditions of your bail are unsuitable to your employment, you may apply to the court to vary your bail. This involves providing the court with reasons as to why you are unable to comply with the current conditions of your bail, and proposing reasonable changes to be made.
You are only able to make one application to the court unless there is a change of circumstances. If your bail is refused then you can make an application to the Supreme Court of Queensland for bail.
Call an Expert
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.