If you’ve been arrested in Queensland, understanding bail is vital. Bail is a written promise (bail undertaking) to return to court to face charges. In Queensland, police can grant “watch-house bail” after an arrest. If they don’t, they must take you to court as soon as possible so you can apply for bail. At court (usually the Magistrates Court for first appearances), the magistrate will read your charges and ask how you plead. You can then either ask for more time (adjournment), plead guilty, or plead not guilty. If bail is refused, you’ll remain in custody until the next date (unless circumstances change).
Factors
Magistrates decide bail based on many factors, such as the seriousness of the offence, strength of evidence, your ties to the community, and risk of re-offending or failing to appear. Generally, bail is granted unless prosecutors show you pose an unacceptable risk. In some serious cases (e.g. violent or domestic violence offences) you must “show cause” why detention isn’t justified. This means you have to explain to the court why you should get bail and shouldn’t remain in custody.
Conditions
If bail is granted, it will include conditions designed to keep the community safe and ensure you come back to court. Common conditions require that you:
- Report regularly to a police station or probation officer.
- Live at a certain address and not travel outside it (often surrendering passport).
- Avoid contact with the victim or witnesses, and not commit further offences.
- Provide a surety (another person or money) if ordered.
Breaking a condition or missing court can lead to arrest and forfeiture of any surety
Legislation
Bail in Queensland is governed by the Bail Act 1980 (Qld) and the Police Powers and Responsibilities Act 2000 (Qld), which set out the rules on who can be released and under what terms. It’s vital to understand your undertaking – if you lose your bail paperwork, you can get a copy from the court or watch-house. If you need to change your conditions (e.g. move address), you must apply to the court or the Police in writing.
Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
