In Queensland a person charged with an offence there is in most cases a presumption that a person should be release on Bail pending their matter being finalised, there are however exceptions to this presumption depending on the nature of the charge.
Most people who are required to appear before a Court are required to enter into a Bail Undertaking pending their Court appearance (or further Court appearances if the matter is adjourned).
In most cases people are granted Bail with no objection by the Police and no conditions. This means that the person is only required to appear at the next Court appearance.
In other cases people are placed on conditions which can be quite varied including:
- Report to a police station
- Reside at an address
- Subject to a curfew
- Submit to drug or alcohol testing
- Not to use the internet
- Not to attend a certain place or type of place
- Not to go near a certain person
- Provide a sum of money as surety.
If Police are objecting to you being released on Bail then it is usually for a specific reason which can include:
- They believe you will not appear at the next Court appearance.
- That believe you will interfere with a witness
- That believe you will commit further offences
- They believe it is not safe to release you as you pose a risk of harm to yourself or others
It is extremely important that if the Police are objecting to your Bail that you prepare any application for Bail carefully and obtain legal assistance.
Generally the Bail Act only allows one application for Bail at a Magistrates Court, unless you can show a change of circumstances, which can be hard to do. If you have been refused Bail at the Magistrates Court and cannot show a change in circumstances then you must apply for Bail at the Supreme Court of Queensland.
Another issue that is often raised in Bail Applications where Police are opposing Bail is that a person is in a “show cause” position. Normally there is a presumption that a person should be allowed on Bail pending the determination of their matter, however where someone is in a show cause position they are required to prove to the Court why they should be released on Bail. This is a much tougher hurdle to overcome. A person can be in a show cause position where they commit further offences whilst on bail, have failed to appear at Court for the current offences, the alleged offence involves the use of a weapon or involves threats to use one.
Whenever Police are opposing Bail it is important to obtain legal advice and have a Solicitor represent you at Court to assist. The Solicitor can help explain why the concerns raised by the Police are not correct or how they can be managed.
If you are refused Bail then you could spend a long time waiting in gaol for your matter to be determined. Where you have been wrongly accused of an offence and are waiting in gaol for months for a hearing in the Magistrates Court or longer if your matter has to be heard in a higher Court your employment, accommodation and relationships can be destroyed.
We can assist you in making a Bail Application whether it is at a Magistrates Court level or Supreme Court level. Contact our office to discuss your options if you have been charged with an offence.