Bail

Bail is the name given to the power of a court to release, or detain, a person who has been charged with, but not yet convicted or acquitted of, a criminal offence. Bail in Queensland is governed by the Bail Act 1980 which maintains a series of presumptions (for and against) in relation to bail, depending on the charges against, and circumstances of, the person coming before the court.

After a person is arrested and charged with a criminal offence, bail is the first matter which must be considered. The Bail Act requires that a decision be made either by a police officer (normally at a watch-house), or a court, within 24 hours of a person being taken into police custody and charged. Decisions as to bail are normally made by a court, except in cases of minor offending for which police bail is often granted shortly after charge.

The Bail Act gives a court the power to do one of three things in relation to bail:

Dispense with it, also called allowing a person to go at large, which means to release them from custody without any conditions whatsoever, or

Grant bail, that is release a person form custody, either with or without conditions, or

Refuse bail, meaning that a person remains in custody.

There is a presumption in favour of bail for most offences, in most circumstances. This means that a court must grant bail to a person unless certain legislated criteria justify not doing so.

If you, or a family member, have been refused bail then you should contact a lawyer immediately as bail applications are often strongest in the early stages of a case while the Prosecution case is still weak, or is a long way from completion.

What A Court Considers Regarding Bail

Types Of Bail Conditions That Can Be Imposed

Show Cause Situations

Bail Lawyers