What Types Of Bail Conditions Can Be Imposed


Unless you have been charged with a very serious offence (punishable by a mandatory life sentence), or are in a ‘show cause’ situation, a court can only refuse you bail if it is satisfied that one of the unacceptable risks identified in section 16 of the Bail Act 1980 justifies it. A key component of the court’s consideration is whether or not these risks can be protected against (mitigated) by the imposition of appropriate bail conditions. It is the task of your lawyer to formulate and propose conditions that address the court’s, and often times the police or prosecution’s, concerns.

Examples of common bail conditions that courts impose in Queensland are as follows:

  • A residential condition (which can require that you live at a specific address).
  • A reporting condition (which can require you to attend a police station in your local area on specific days, between specified times).
  • Conduct restrictions (which can require, for example that you not contact a particular person or go to a specified location).
  • A Curfew (which can restrict the times at which you are allowed be outside your home).

It is also very common for courts to order that a person surrender their passport, or passports, in order to mitigate a risk that they will flee Australia.

While not common in Queensland, there is a power for a court to accept an undertaking from a surety in granting bail. A surety is a person who makes a promise to pay a specified sum of money if you fail to appear at your next court date or if you breach your bail in some other way.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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