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I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
- Client
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
- Client
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
- Client
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
- Client
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
- Client
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
- Client
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
- Client
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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This article was written by Fernanda Dahlstrom - Content Editor - Brisbane
Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.
Bail Conditions
When a person is charged with criminal offences in Queensland, the police may grant them bail or remand them in custody. If a person is remanded in custody, they must be brought to court as soon as possible so that they can make a bail application. If the person is an adult, this will happen at the Magistrates Court and if they are a juvenile it will happen at the Children’s Court. If bail is granted, various types of bail conditions may be imposed.
Is there an unacceptable risk that bail conditions cannot mitigate?
Unless a person is facing charges that are punishable by a mandatory life sentence (such as murder), or is in a “show cause” situation, a court can only refuse them 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 by the imposition of appropriate bail conditions. A person applying for bail should consider what bail conditions can be proposed to address the concerns the court and the prosecution are likely to have about the defendant’s release. These concerns may relate to the risk of reoffending, the risk of interference with witnesses, any risk posed to the safety of the community or how the defendant’s attendance at court to finalise their charges can be assured.
Bail conditions
The bail conditions that are imposed will depend on the circumstances of the defendant and the nature of the charges they are facing. Some of the common bail conditions that courts impose in Queensland are set out below.
A residential condition
This condition requires the defendant to live at a particular address. If the address proposed if the address of someone other than the defendant, such as a partner or parent, that person’s consent will be required.
A reporting condition
A reporting condition can require the defendant to report to the local police station at regular intervals while they are on bail. A person may be required to report weekly, twice weekly or daily.
How often it is reasonable for a person to be required to report to police will depend where the police station is located in relation to where they are living and whether it will impact on their other commitments, such as employment or caring for children.
Not to contact specified persons
A bail condition may be imposed requiring the defendant from refraining from contacting a specified person – for example, the alleged victim or the alleged co-offenders. This condition may be imposed to reduce the likelihood of reoffending or to allay concerns about the defendant interfering with witnesses.
Not to attend certain locations
A bail condition may be imposed that the defendant not attend a particular location such as the site of the alleged offending.
To abide by a curfew
A bail condition may be imposed requiring the defendant to observe a curfew, requiring to be home during certain hours. This condition may also involve the defendant agreeing to police attending at random to ensure the curfew is being obeyed.
To surrender passport
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.
Bail surety
While not common in Queensland, there is a power for a court to accept an undertaking from a person (such as a family member or employer) who provides surety for the defendant’s bail. A surety is a person who makes a promise to pay a specified sum of money if the defendant fails to appear at your next court date or if you breach your bail in some other way.
Juveniles and bail conditions
When a juvenile is granted bail, the court may consider it appropriate to impose more onerous bail conditions than it would do for an adult. These may include a condition that the child must attend school every day, abide by a curfew and abstain from alcohol.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
The presumption in favour of granting bail to a person charged with a criminal offence in Queensland is reversed when…
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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