s.9 Possessing Dangerous Drugs (Drugs Misuse Act Queensland)
(1) A person who unlawfully has possession of a dangerous drug is guilty of a crime.
In Queensland, it is an offence to have possession of any dangerous drug. A person may be charged with this offence if they had knowledge of the existence of the drug and had the ability to exercise control over it. A person may still be charged with this offence even if the drug is not on their person, as they only need to have the ability to exercise control over the drug. ‘Possession’ includes having Dangerous Drugs on your person, in your home or vehicle, or on your property.
Dangerous drugs are broken into two categories; Schedule 1 Drugs and Schedule 2 Drugs:
- Schedule 1 Drugs include such substances as; ice, amphetamines, cocaine, lysergide, heroin, methylamphetamine and ecstasy.
- Schedule 2 Drugs include such substances as; cannabis, codeine, morphine, opium and many other different types of drugs.
If you are the occupier or you are concerned with the management or control of a home at the time a dangerous drug existed there, you may be charged with Possession of a Dangerous Drug. However, if you did not have knowledge of the drugs’ existence and they were found in a place which was not in your direct control, you may not be found guilty of the offence.
Possession Of Drugs Sentence and Penalty
The maximum penalty for Possession of Dangerous Drugs depends on the category of drug you possess.
The maximum penalty for a Schedule 1 Dangerous Drug is 25 years imprisonment, and the maximum penalty for Possession of a Schedule 2 Dangerous Drug is 20 years imprisonment.
The severity of the penalty or sentence imposed on an offender depends on the category of drug, the quantity of the drug and the circumstances of the offence. If an offender can prove that they are a drug-dependent person, their penalty may be reduced. A person will be drug-dependent if as a result of repeated drug use, they demonstrate impaired control or drug-seeking behaviour that suggests impaired control over their continued use of the drug. They also suffer, or are likely to suffer, mental or physical distress or disorder, when the drug use ceases.
Possession of Dangerous Drugs offences are usually dealt with in the Magistrates Court or the Supreme Court. The seriousness of the circumstances of the offence will determine in which court the matter should be heard.
In Queensland, if a person is convicted of Possession of Dangerous Drugs, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fine.
The actual penalty will depend on the circumstances of the matter including the seriousness of the drug possession offence and the individual circumstances and background of the Defendant.
A person’s sentence will be increased if they are in possession of dangerous drugs for a commercial purpose. For example, if a person is cultivating a large number of cannabis plants on their property for the purpose of selling the cannabis, they may be charged with Possession of a Dangerous Drug for a Commercial Purpose. This offence is of a more serious nature and is therefore heard in the Supreme Court.
Are there any defences available to a drug possession charge?
Yes. The facts of your drug possession case will determine which defences will be available for you. The following defences may be available to you:
- Mistake of Fact;
- Wasn’t in Possession;
- The substance was not a drug.
What should I do if the police want to speak to me about a drug possession allegation or if I am charged with possession of illegal drugs?
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Drug Possession Lawyer
If you are charged with an assault offence, it is very important that you seek immediate legal advice. Our team of drug offence lawyers at Brooke Winter Solicitors can give you over the phone advice. If you are charged with drug possession, it is very important that you seek immediate legal advice.
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.
S.303 Manslaughter (Criminal Code Queensland)
(1) A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of “manslaughter”.
In Queensland, a person who unlawfully kills another person under such circumstances which do not constitute murder may be guilty of Manslaughter. A person may be charged with this offence if they do not satisfy the elements of Murder, and if they killed another person by means which was not authorised, justified or excused by law.
A person may be charged with Manslaughter if they unlawfully killed another person, but did not intend to kill or harm that person. This can occur where a person deliberately assaults another and causes their death when they did not intend for that person to die. A common example is when a parent assaults their child in a fit of frustration or rage, and that child dies as a result of the injuries it suffered in the assault.
Additionally, a person who satisfies the criteria for Murder, but successfully argues a partial defence (i.e. the victim initiated an attack on the offender, causing the offender to react and kill the victim) may have their charge down-graded from Murder to Manslaughter.
Penalty for a Manslaughter Charge
The maximum penalty for a Manslaughter charge is life imprisonment. This sentence is not mandatory, and a person will be sentenced according to the seriousness of the offence and the circumstances under which it occurred. Offenders who intended to kill the victim or who displayed criminal negligence which resulted in the victim’s death may receive a more serious sentence than those who did not intend to kill the victim. Due to the seriousness of the offence, Manslaughter offences are dealt with in the Supreme Court.
Are there any defences available to a manslaughter charge?
Yes. The facts of your manslaughter case will determine which defences will be available for you. The following defences for manslaughter may be available to you:
- Self-defence or defence of another person;
- Insanity;
- The killing was not unlawful;
- An ordinary person in the position of the accused would not have foreseen the death of the victim as a possible outcome of his act;
What should I do if the police want to speak to me about a manslaughter allegation or if I am charged with manslaughter?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Manslaughter Lawyer
If you are charged with manslaughter, it is very important that you seek immediate legal advice. Our team of manslaughter lawyers 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.
s.302 Murder (Criminal Code Queensland)
(1) A person who unlawfully kills another under any of these circumstances is guilty of “murder”.
In Queensland, it is an offence to unlawfully kill another person. A person may be charged with this offence if they intend to cause the death of the person killed or another person, if they intend to cause grievous bodily harm to the person killed or another person, if the death occurred in the prosecution of an unlawful purpose which was likely to endanger human life, if they intended to do grievous bodily harm to another person in order to facilitate the commission of another crime or flee the scene of a crime, or if they wilfully stopped the breath of another person which caused them to die.
In relation to murder circumstances where the offender killed another person during the prosecution of an unlawful purpose includes committing an offence which was likely to endanger human life. For example, punching another person in the head or spiking a person’s drink with a dangerous drug would be conducted for an unlawful purpose which could possibly endanger the victim’s life. If the victim passes away in those circumstances, the offender may be charged with Murder.
Additionally, a person may still be charged with Murder even if they did not intend to hurt the victim or another person. If it was reasonably foreseeable that the victim would die as a result of the offender’s conduct, they may be charged with the offence. If an offender did not intend to kill or harm the victim, they may still be charged with Murder if they intended to act in a way which caused the victim’s death.
Penalty for a Murder Charge
The mandatory penalty for a murder charge is life imprisonment (25 years imprisonment). All murder charges are heard in the Supreme Court, due to their serious nature.
Are there any defence to a murder charge?
Yes. The facts of your murder case will determine which defences will be available for you. The following defences may be available to you:
- The death was not caused by the accused’s actions;
- Self-defence or defence of another;
- Accident;
- Insanity;
- Automatism;
- Diminished Responsibility;
- Killing for Preservation in an Abusive Domestic
- Relationship;
- Provocation (partial defence only).
What should I do if the police want to speak to me about a murder allegation or if I am charged with murder?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Murder Case Lawyer
If you are charged with murder, it is very important that you seek immediate legal advice. Our team of criminal lawyers 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.
s. 50 Possession of Weapons (Weapons Act Queensland)
(1) A person must not unlawfully possess a weapon.
In Queensland, it is an offence to have possession of a weapon. A person may be charged with this offence if they have a firearm, another thing prescribed under a regulation to be a weapon, or a weapon which is temporarily inoperable. Police must prove that you had possession of a weapon defined by the Weapons Categories Regulation 1997 and did not have a licence to possess that weapon. A person must have a licence to possess most weapons in Queensland, therefore, possessing almost any kind of weapon can result in a person being charged with Unlawful Possession of Weapons.
Penalty for a Possession of a Weapon Charge
The maximum penalty for a possession of weapons offence is dependent upon the category of weapon possessed. The maximum penalties range from a $12,615.00 fine or 2 years imprisonment to 13 years imprisonment. There are many different categories of weapons; the penalty actually imposed will depend on the category of weapon and the number of weapons found. If a person is in possession of a weapon while committing another offence, they must be sentenced to a minimum penalty of between 6 and 18 months’ imprisonment in addition to any penalty they receive for committing the subsequent offence.
Unlawful Possession of Weapons charges are usually dealt with in the Magistrates Court, however, if you are charged with possession of multiple weapons, your matter may be dealt with in the District Court.
Are there any defences available to an unlawful possession of a firearm sentence?
Yes. The facts of your weapon offence case will determine which defences will be available for you. The following defences may be available to you:
- Accused was not in possession of the weapon;
- Accused did not have a weapon as defined under the Weapons Categories Regulation 1997;
- Accused had a licence to possess the weapon.
What should I do if the police want to speak to me about a possession of weapons allegation or if I am charged with assault with a weapon?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Firearm Offences Lawyer
If you are charged with a firearm offence, it is very important that you seek immediate legal advice. Our team of firearm offence lawyers 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.
s. 352 Sexual Assault (Criminal Code Queensland)
(1) Any person who unlawfully and indecently assaults another person, or, procures another person, without their consent, to commit an act of gross indecency or to witness an act of gross indecency by the person or any other person is guilty of a crime.
In Queensland, it is an offence to sexually assault another person. To be charged with this offence, a person must unlawfully and indecently assault another person. ‘Indecent’ means having a sexual connotation or doing an act for sexual gratification. A person may be charged with this offence if they touch another person in a way which is indecent.
For example, if a person touches another person’s buttocks, thighs, breasts or genitals without that person’s consent, they may be charged with Sexual Assault.
For example, a man who approaches a woman in a nightclub and gropes her buttocks, breasts or genitals may be charged with Sexual Assault. In essence, a person may be charged with the offence if they behave in an indecent manner towards another person.
Prison Sentence for Sexual Assault
The maximum penalty for sexual assault is 10 years imprisonment. There are a number of aggravating factors which may cause this penalty to be increased. If the offender’s mouth touches the complainant’s genitals or anus, the penalty increases to 14 years imprisonment. Further, if the offence is committed in company, whilst armed or if the vagina or anus of the complainant is penetrated, the penalty increases to life imprisonment.
In Queensland, if a person is convicted of Sexual Assault, then the court could impose one of the following penalties:
- Imprisonment (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the sexual offence and the individual circumstances and background of the Defendant.
Are there any defences available to a sexual assault charge?
Yes. The facts of your sexual assault case will determine which defences will be available for you. The following defences may be available to you:
- Insanity;
- Consent was given;
- Identity dispute;
- Honest and reasonable belief that the complainant was consenting.
What should I do if the police want to speak to me about a sexual assault allegation or if I am charged with Sexual Assault?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Sex Offence Lawyer
If you are charged with a sex offence, it is very important that you seek immediate legal advice. Our team of sex offence lawyers 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.
s. 349 Rape (Criminal Code Queensland)
1) Any person who rapes another person is guilty of a crime. Maximum penalty: life imprisonment.
In Queensland, it is an offence to rape another person. A person may be charged with this offence if they have carnal knowledge with another person without their consent; if they penetrate the vulva, vagina or anus of another person with a part of their body which is not a penis without the person’s consent; or if they penetrate the mouth of another person with their penis without the person’s consent. These offences are not gender-sensitive, and thus can be in relation to a male or female victim.
In essence, a person may be charged with Rape if they commit a sexual act which penetrates the mouth, vulva, vagina or anus of another person without their consent.To be charged with Rape for penetrating the mouth of another person, the offender must have used their penis to penetrate the mouth of the victim. In relation to the penetration of the vulva, vagina or anus, the offender need not penetrate the victim with a penis, but with any part of their body.
A person will be charged with Rape if the penetration element is satisfied, and the victim did not consent to the penetration. A person has not received consent if they obtained it by force, threat or intimidation, exercising of authority, or by making false or fraudulent representations of the nature or purpose of the act. If a person is charged with raping a child under the age of 12, they will not be able to argue that the child consented. The law states that children under the age of 12 cannot consent to sexual intercourse or other sexual acts, even if they say that it is okay.
Penalty and Charges for Rape
Rape offences are usually heard in the District Court. The maximum penalty for this offence is life imprisonment. A person who is convicted of rape may be sentenced as a Serious Violent Offender, which means they must serve at least 80% of their custodial sentence. This means that the offender will not be eligible for or released on parole until they have served 80% of their term of imprisonment.
Are there any defences available to a rape charge?
Yes. The facts of your rape case will determine which defences will be available for you. The following defences may be available to you:
- Duress;
- Consent was given;
- Identity dispute;
- Honest and reasonable belief that the complainant was consenting.
What should I do if the police want to speak to me about a rape allegation or if I am charged with rape?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Rape Defence Lawyer
If you are charged with rape, it is very important that you seek immediate legal advice. Our team of criminal lawyers 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.
Fraud is a criminal offence
In Queensland, it is an offence to commit fraud. Under section 408C of the Criminal Code, fraud includes when a person dishonestly:
- Uses another person’s property for their own use;
- Obtains property from another person;
- Induces another person to deliver property to any person;
- Gains benefit or advantage, pecuniary or otherwise, to any person;
- Causes a detriment, pecuniary or otherwise, to any person;
- Induces any person to do any act which the person is lawfully entitled to abstain from doing; or
- Induces any person from abstaining from doing any act which that person is lawfully entitled to do; or
- Makes off, knowing that payment on the spot is required or expected for any property supplied or returned or for any service provided, without having paid and with intent to avoid payment.
‘Property’ includes physical items such as a phone, as well as non-physical items such as money and credit arrangements.
How long do you go to prison for fraud?
The maximum penalty for fraud charges is 12 years imprisonment, however, can be increased to 20 years depending on the facts of the fraud case. A person’s criminal history and the sum of money fraudulently acquired or the quantum of property defrauded will be considered when sentencing a person for a Fraud offence. Highly sophisticated fraud offences which result in the acquisition of money or property of high value will attract a more serious penalty. Fraud charges are dealt with either in the Magistrates or District Court (depending on the circumstances).
In Queensland, if a person is convicted of Fraud, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Bonds;
- Restitution;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the fraud offence and the individual circumstances and background of the Defendant.
Are there any defences available to fraud charges?
Yes. The facts of your fraud case will determine which defences will be available for you. The following defences may be available to you:
- Duress;
- Actions were honest or a result of an honest and reasonable mistake;
- Honest claim of right;
- The thing taken was not property;
- The accused had consent to acquire the property.
What should I do if the police want to speak to me about a fraud allegation or if I am charged with fraud?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Fraud Lawyer
If you are charged with a fraud offence, it is very important that you seek immediate legal advice. Our team of fraud lawyers 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.
Definition of Stealing: 391 Stealing (Criminal Code Queensland)
(1) A person who fraudulently takes anything capable of being stolen, or fraudulently converts to the person’s own use or to the use of any other person, anything capable of being stolen, is said to steal that thing.
(2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if the person does so with any of the following intents, that is to say—
- an intent to permanently deprive the owner of the thing of it;
- an intent to permanently deprive any person who has any special property in the thing of such property;
- an intent to use the thing as a pledge or security;
- an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;
- an intent to deal with it in such a manner that it can not be returned in the condition in which it was at the time of the taking or conversion;
- in the case of money—an intent to use it at the will of the person who takes or converts it, although the person may intend to afterwards repay the amount to the owner.
Penalty for Criminal Theft Charges
In Queensland, it is an offence to fraudulently take or convert to their own use anything that is capable of being stolen. A person will be charged with stealing if they take or convert something capable of being stolen in order to permanently deprive the owner of the item, permanently deprive any person who has special property in the thing, use the thing as a pledge or security, part with it on a condition as to its return which the person taking or converting may be unable to perform, or deal with it in such a manner that it cannot be returned in the condition it was taken. The police must prove that the complainant did not give the accused consent to take or convert the item.
The maximum penalty for a theft offence is 5 years imprisonment. However, if the circumstances of the offence are aggravated, the maximum penalty may increase to between 10 and 14 years imprisonment. Aggravated circumstances include when the property stolen valued more than $5,000, if the property stolen was a firearm or ammunition, or if the property was stolen from a dwelling and is valued at more than $1,000. There are other circumstances of aggravation which may increase an offender’s sentence. Stealing offences are usually heard in the Magistrates Court, however, if the circumstances are serious enough then the matter must be dealt with in the District Court.
In Queensland, if a person is convicted of Stealing, then the court could impose one of the following penalties:
- Imprisonment (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service;
- Bonds;
- Restitution;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the theft offence and the individual circumstances and background of the Defendant.
Are there any defences available to a theft charge?
Yes. The facts of your theft case will determine which defences will be available for you. The following defences may be available to you:
- Property was not capable of being stolen;
- Accused had consent of owner;
- Accused mistakenly thought they had consent of owner;
- Property was abandoned by the owner.
What should I do if the police want to speak to me about a stealing allegation or if I am charged with theft?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Theft Defense Lawyer
If you are charged with a theft offence, it is very important that you seek immediate legal advice. Our team of theft defense lawyers 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.
S.419 Burglary (Criminal Code Queensland)
(1) Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime. Maximum penalty—14 years imprisonment.
(2) If the offender enters the dwelling by means of any break, he or she is liable to imprisonment for life.
(3) If—
(a) the offence is committed in the night; or
(b) the offender—
(i) uses or threatens to use actual violence; or
(ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
(iii) is in company with 1 or more persons; or
(iv) damages, or threatens or attempts to damage, any property;
(v) the offender is liable to imprisonment for life.
(4) Any person who enters or is in the dwelling of another and commits an indictable offence in the dwelling commits a crime. Maximum penalty—imprisonment for life.
Theft or Robbery Charge Sentence and Penalty
Burglary offences are very similar to break and enter offences, however, they relate to offences that occur in a dwelling. A person may be charged with burglary when they enter or are in the dwelling of another person with the intention of committing an indictable offence. The maximum penalty is 14 years imprisonment (s.419(1) Criminal Code Queensland) . If a person breaks into or commits a crime whilst they are inside the dwelling of another person, the maximum penalty increases to life imprisonment (s.419(2) Criminal Code Queensland).
There are aggravating factors to this offence which may increase your sentence if you are convicted of this offence. If you use or threaten violence, commit the offence at night time, pretend to have or actually have a weapon, damage property or commit the offence in company, your sentence may be increased.
Burglary offences can be dealt with in the Magistrates Court or District Court. The seriousness of the circumstances and the existence of other charges connected to the burglary offence will determine the Court in which the matter will be heard.
In Queensland, if a person is convicted of a Burglary offence, then the court could impose one of the following penalties:
- Imprisonment (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Recognisance;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the theft offence and the individual circumstances and background of the Defendant.
Are there any defences available to a burglary charge?
Yes. The facts of your burglary or robbery case will determine which defences will be available for you. The following defences may be available to you:
- Duress;
- Necessity;
- Intoxication;
- Honest claim of right to be in the property;
- Seal of the property was not broken;
- Offence did not occur at night;
- No evidence of circumstances of aggravation.
What should I do if the police want to speak to me about a burglary allegation or if I am charged with a robbery offence?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Robbery and Burglary Lawyer
If you are charged with a robbery and burglary offence, it is very important that you seek immediate legal advice. Our team of robbery and burglary lawyers 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.
S.16 Refusal Of Bail (Bail Act Queensland)
Bail is a written undertaking that offenders sign which commits them to appear, or send 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;
(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.
How Many Types of Bail Are There?
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 are 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.
Common Bail Conditions:
- 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;
- Curfews;
- Sureties;
- 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 preventing 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.
Watch our video for more information on the bail application procedure
Call an Expert Bail Lawyer
If you are charged with a criminal offence and want to apply for bail, it is very important that you seek immediate legal advice. Our team of bail application lawyers 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.
"*" indicates required fields
Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
