BAIL APPLICATIONS

Bail is the legal process that allows a person charged with an offence to remain in the community while their case is before the courts. In Queensland, bail is governed by the Bail Act 1980 (Qld) and may be granted by the police or by a court.

Under section 16 of the Bail Act 1980 (Qld), bail must be refused if the court or police believe there is an unacceptable risk that the accused, if released, would:

- Fail to appear in court

- Commit another offence while on bail

- Endanger the safety or welfare of victims or the community

- Interfere with witnesses or obstruct the course of justice

For certain serious offences (such as murder, drug trafficking, or repeat serious violence), the law places the burden on the accused to show why their detention is not justified.

When bail is granted in Queensland, the court may impose conditions under the Bail Act 1980 (Qld) to reduce risks and protect the community. Common conditions include:

- Reporting to police – ensures the accused remains accountable and traceable.

- Living at a fixed address – provides stability and makes it easier to monitor compliance.

- No contact with certain people – protects victims and witnesses from interference.

- Surrendering a passport – prevents the risk of leaving the country to avoid trial.

- Curfew or restrictions on movement – reduces the chance of reoffending while on bail.

These conditions are only imposed if the court believes they are necessary to manage risks such as failing to appear, committing further offences, or endangering others.

Breaching bail is a criminal offence under section 29 of the Bail Act 1980 (Qld). The maximum penalty is 40 penalty units (about $5,338) or 2 years imprisonment. Police can also arrest you without a warrant if they believe you have breached your bail undertaking.

The consequences go beyond the immediate penalty:

- You may face fresh criminal charges for the breach.

- Courts are far less likely to grant you bail again, meaning you could be remanded in custody until your case is finalised.

- If bail is granted again, it will usually come with stricter conditions.

In Queensland, bail can be decided by:

- Police – after an arrest, police may grant what’s called watch‑house bail.

- Court – if police refuse bail, you will be taken before the Magistrates Court, where a magistrate decides whether bail should be granted.

This means bail is first considered by police, but if refused, the court will make the decision under the Bail Act 1980 (Qld).

What Happens if Bail is Refused?

If the court refuses bail, this is not necessarily the end of the matter. You may be able to make a further application later if there is a change in your circumstances or new information becomes available. Getting legal advice quickly is important so you understand your options and the best way forward.

When deciding bail under the Bail Act 1980 (Qld), the court must assess whether releasing the accused would create an unacceptable risk. Key factors include:

- The nature and seriousness of the offence

- The strength of the evidence against the accused

- The accused’s criminal history, if any

- The accused’s personal circumstances – such as employment, family ties, and length of time in the community

- The risk of failing to appear in court, committing further offences, or interfering with witnesses

For certain serious offences, the accused must "show cause” as to why their detention is not justified.

Yes. When applying for bail in Queensland, your lawyer can raise arguments to show that you are not an unacceptable risk under the Bail Act 1980 (Qld). Common arguments include:

- Strong community ties – such as stable employment, family responsibilities, or long‑term residence.

- No or limited criminal history – showing you are unlikely to reoffend.

- Weaknesses in the prosecution case – reducing the likelihood of conviction.

- Willingness to comply with strict bail conditions – such as reporting to police, living at a fixed address, or surrendering a passport.

- In “show cause” cases (serious offences), demonstrating why detention is not justified — for example, because of health issues, caring responsibilities, or the need to prepare a defence.

These arguments aim to reassure the court that you will attend court, comply with conditions, and not pose a risk to the community.

In Queensland, there is a general presumption in favour of bail under the Bail Act 1980 (Qld). To oppose bail, the prosecution must satisfy the court that releasing the accused would create an unacceptable risk.

The prosecution will usually argue that if released, the accused may:

- Fail to appear in court when required

- Commit further offences while on bail

- Endanger the safety or welfare of victims or the community

- Interfere with witnesses or obstruct the course of justice

For certain serious offences (known as “show cause” offences), the law reverses the position — the accused must demonstrate why their detention is not justified.

Bail in Queensland is decided under the Bail Act 1980 (Qld), and the process can be complex. Legal advice is important because a lawyer can explain how the law applies to your case, prepare your application, and make submissions to the court on your behalf.

A lawyer can:

- Explain your bail conditions in plain English so you know exactly what is required

- Seek conditions that are realistic and achievable for your circumstances

- Advise you on compliance, reducing the risk of breaching bail and facing further charges

- Apply to vary bail conditions lawfully if your situation changes

While legal advice cannot guarantee bail will be granted, it ensures you are properly represented and fully informed about your rights and responsibilities.

At Coral Coast Law, we provide clear, practical advice and strong representation in bail applications across Queensland. We understand the Bail Act 1980 (Qld) and know how to present the right arguments to give you the best chance of success.

We can:

- Explain your bail rights and obligations in plain English

- Prepare and present your bail application in court

- Negotiate realistic bail conditions to reduce the risk of breach

- Apply to vary bail if your circumstances change

Coral Coast Law will guide you through the process and protect your rights at every stage.