Being held in custody while your criminal matter is unresolved affects every part of your life. You cannot work, you cannot be with your family, and you cannot properly prepare your defence. In Queensland, bail exists to prevent unnecessary detention before a person has been convicted.
At Donnelly Law Group, our bail application lawyers have been securing the release of clients from custody across Brisbane, the Gold Coast, and throughout Queensland for more than 25 years. We prepare and argue bail applications in the Magistrates Court, the District Court, and the Supreme Court. We understand that bail is a time-sensitive matter. Every day a person spends in custody is a day they risk losing their job, their home, and their relationships. We work quickly, thoroughly, and strategically to give our clients the strongest possible prospect of being granted bail.
Call 1300 11 22 12 at any time, day or night, for urgent bail assistance.
How Bail Works in Queensland
Bail is the process by which a person charged with a criminal offence is released from custody on an undertaking, which is a written promise that they will appear at court on their next court date and comply with any conditions imposed. The law relating to bail in Queensland is contained in the Bail Act 1980 (Qld).
When a person is arrested and charged by police, one of three things happens.
- The police may issue a Notice to Appear (NTA), which is a document requiring the person to attend court on the date stated without being held in custody.
- The police may grant the person watchhouse bail, releasing them from the local police station subject to bail conditions.
- If the police refuse to grant bail, the person must be brought before a Magistrates Court as soon as practicable so that the court can consider whether to grant bail.
An application for bail can be considered by the Magistrates Court, the District Court, or the Supreme Court, depending on the nature and seriousness of the charges. For most criminal matters, bail is first considered in the Magistrates Court. If bail has been refused in a Magistrates Court or District Court, or where the charges are particularly serious, the person may apply to the Supreme Court for bail.
The Presumption in Favour of Bail
In Queensland, there is a presumption in favour of bail for most offences. Under section 9 of the Bail Act 1980, the court has a duty to grant bail or enlarge bail where a person is before the court charged with an offence but has not been convicted. This means it is for the police or the prosecutor to satisfy the court that there is a reason not to grant bail, not for the defendant to prove they deserve it.
The court must grant a person bail unless it is satisfied that there is an unacceptable risk that the person will fail to appear in court and surrender into custody, commit further offences while on bail, endanger the safety or welfare of a victim of the charged offence or of any other person, interfere with witnesses or otherwise obstruct the course of justice, or suffer a threat to their own safety or welfare.
This presumption applies to the majority of criminal offences heard in Queensland courts. It reflects the fundamental principle that a person is presumed innocent until proven guilty, and that depriving someone of their liberty before trial should only occur where it is genuinely necessary to protect the community or the integrity of the justice system.
When the Onus Shifts: The Show Cause Position
For certain serious offences, the presumption in favour of bail is reversed. The defendant is placed in a show cause position under section 16(3) of the Bail Act 1980, meaning they must demonstrate to the court why their detention in custody is not justified. In a show cause position, the burden falls on the person seeking bail, not on the prosecution.
A person may be placed in a show cause position in a range of circumstances. These include where the person is charged with an offence punishable by mandatory life imprisonment, where the person allegedly committed the offence while already on bail for another criminal matter, where the person is charged with an offence committed while armed with a weapon, where the person is charged with an offence connected to organised crime, where the person has previously breached bail conditions or failed to appear at court, or where the person is charged with certain domestic violence offences and has a relevant criminal history.
The 2017 amendments to the Bail Act, introduced through the Bail (Domestic Violence) Amendment Act 2017, significantly expanded the show cause provisions relating to domestic violence. Under these amendments, a person charged with a domestic violence offence who has a relevant history of domestic violence may be required to show cause why their continued detention is not justified. Further amendments in 2022 strengthened these provisions, reflecting the Queensland Government’s commitment to protecting victims of domestic and family violence.
Being in a show cause position does not mean bail is impossible. It means the application requires more detailed preparation, stronger evidence, and more persuasive submissions. Our experienced lawyers have a strong record of securing bail for clients in show cause matters. If you or a loved one is in a show cause position, it is essential to have legal representation before the application is made. You only get one proper opportunity to make a bail application, and if it is refused, subsequent applications are significantly harder.
What the Court Considers When Deciding Bail
Whether or not you are in a show cause position, the court will assess a wide range of factors when deciding whether to grant bail. These factors help the court determine whether releasing the defendant into the community poses an unacceptable risk.
Nature and seriousness of the offence
The court will look at the nature and seriousness of the offence. More serious charges carry greater scrutiny, particularly where violence or significant financial loss is alleged. The court will also consider the strength of the evidence against the defendant. Where the prosecution’s case appears strong, the court may conclude that the person is more likely to flee or offend if released.
Criminal history and previous bail compliance
The defendant’s criminal history is a significant consideration. A person with prior convictions, particularly for similar offences or for breaching bail conditions, faces a harder task in persuading the court to grant bail. Conversely, a person with no criminal history or a limited record is generally viewed more favourably.
Personal circumstances and community ties
Personal circumstances play a central role. The court will consider the defendant’s employment status, family responsibilities, accommodation arrangements, ties to the community, and any health or mental health conditions. A person who can demonstrate stable accommodation at a stated address, ongoing employment, and strong community ties is better placed to be granted bail than someone without those connections.
Associations and flight risk
The court will also consider the defendant’s associations and whether they are connected to co-accused or criminal networks. The risk of further offences being committed is assessed carefully, including the risk of further domestic violence. Whether the defendant poses a flight risk is relevant, particularly where they have access to travel documents and international departure points.
Delay and time spent in custody
One factor that many people overlook is the potential delay of the matter. A court is more likely to grant bail where the person risks spending more time in custody awaiting trial than they would if convicted and sentenced. This is sometimes referred to as the “time served” argument, and it can be a powerful consideration in cases where the charges are less serious or where the court process is expected to take many months.
The court balances all of these factors together, and no single factor is determinative. Our bail lawyers assess every aspect of your personal circumstances and the charges against you, and then present that material to the court in the most compelling way possible.
Types of Bail in Queensland
Watchhouse Bail (Police Bail)
When you are arrested and taken to a local police station, the officer-in-charge has the power to grant you bail before you appear in court. This is known as watchhouse bail or police bail. If police grant you watchhouse bail, you will be required to sign a bail undertaking and will be released from the police station with conditions attached. These conditions typically require you to appear at court on the date stated in your undertaking and to comply with any other requirements, such as residing at a stated address or reporting to a police station.
Watchhouse bail is generally granted for less serious offences and where the police are satisfied that the person does not pose an unacceptable risk. The decision is made by the officer-in-charge at the police station, and the conditions imposed tend to be relatively straightforward compared with court bail.
If the police refuse to grant you watchhouse bail, you will remain in custody at the police station or watchhouse until you can be brought before a Magistrates Court. In Brisbane, this typically means you will appear before a magistrate the next court day. If you are arrested on a Friday evening or over a weekend, you may have to wait until Monday for your court appearance, although some courts do operate weekend bail sittings for urgent matters.
If the police refuse bail, contact a criminal lawyer immediately. At Donnelly Law Group, we can attend the watchhouse to speak with you, begin preparing your bail application, and represent you at your first court appearance. The sooner we are involved, the stronger your application will be.
Court Bail
If police refuse to grant you watchhouse bail, you may apply to the court to grant you bail. When you are brought before a Magistrates Court, the magistrate will consider your bail application based on the circumstances of your case. Your lawyer will present submissions to the court explaining why bail should be granted and what conditions can be put in place to address any concerns the court may have.
If the magistrate agrees with your application, you must sign a new bail undertaking, and it may take a few hours before you are released from custody. The bail undertaking will set out the conditions you must comply with, including when and where you must next attend court. If the magistrate refuses bail, you will be remanded in custody and may apply to the Supreme Court for bail.
Court bail is typically subject to more detailed conditions than watchhouse bail. The court can impose any conditions on a person’s bail which it considers are necessary to mitigate any identified risk. These conditions are tailored to the specific circumstances of the offence and the defendant, and they may be more or less restrictive depending on the seriousness of the matter.
Supreme Court Bail Applications
If bail has been refused in the Magistrates Court, or where the charges are particularly serious, you have the right to apply to the Supreme Court for bail. Supreme Court bail applications are heard by a judge of the Supreme Court and involve a more formal process than Magistrates Court applications.
The Supreme Court will decide the bail application afresh, without being influenced by the magistrate’s earlier decision. This means your lawyer has a new opportunity to present your case and argue for your release. The Supreme Court has broader powers than the Magistrates Court when it comes to granting bail, and it regularly hears applications for serious criminal matters including drug trafficking, serious assaults, sexual offences, and other indictable offences.
A Supreme Court bail application requires careful preparation and the filing of specific documents with the court. The required documents for a bail application to the Supreme Court include a formal application for bail, an affidavit in support of the application, and a draft bail order setting out the proposed conditions. The supporting affidavit is a sworn statement that provides the court with detailed information about the applicant’s personal history, proposed residence, employment, family ties, and the reasons why the applicant does not pose an unacceptable risk.
One requirement that many people are not aware of is that the documents for a bail application must be served on the Director of Public Prosecutions (DPP) at least two full business days before the hearing. This means that Supreme Court bail applications cannot be made on the same day as the refusal in the lower court. Proper preparation and timely filing of documents are essential, and failing to comply with the service requirements can result in the application being adjourned or refused.
If the Supreme Court refuses bail, you may apply again, but you may need to demonstrate a material change in circumstances since the earlier refusal. Examples of a material change might include new evidence becoming available, a significant reduction in the seriousness of the charges, a change in your personal circumstances such as securing stable accommodation or employment, or a substantial delay in the matter being listed for trial.
At Donnelly Law Group, we have extensive experience preparing and arguing Supreme Court bail applications in Brisbane. We understand the level of preparation these applications demand, and we work closely with our clients and their families to gather the evidence and supporting material needed to present the strongest possible case.
Bail Conditions
When a person is granted bail, the court can impose conditions on their release. The purpose of bail conditions is to manage any risks identified during the bail application process and to ensure that the defendant attends court, does not commit further offences, and does not interfere with witnesses or the course of justice.
Standard Conditions
Every bail undertaking includes certain standard conditions. At a minimum, the defendant must appear at the relevant court on their next court date, must not commit any offences while on bail, and must inform the court of any change to their residential address. These conditions apply to every person who is granted bail in Queensland.
Additional Conditions the Court May Impose
In addition to the standard conditions, the court may impose a range of additional conditions tailored to the specific circumstances of the offence and the defendant. These conditions are designed to address identified risks and to give the court confidence that the defendant can be safely released into the community.
Residential condition
The defendant must reside at a stated address and must not change their residential address without the prior approval of the court. This allows the police and the court to know where the defendant is living at all times.
Reporting condition
The defendant must report to a nominated police station at specified times, such as daily or several times a week. Reporting conditions allow the police to monitor the defendant’s presence in the community and provide early warning if the defendant absconds.
Curfew
The defendant must remain at their stated address between specified hours, typically overnight. A nightly curfew is a common condition in more serious matters and demonstrates to the court that the defendant’s movements are being restricted.
Surety
A surety is a financial guarantee provided by another person (the surety) who promises to pay a nominated sum of money if the defendant breaches their bail conditions. The surety must be over 18 years of age and must not have any convictions for serious offences. An offer of a surety typically requires a financial guarantee of $10,000 to $20,000, although the amount can vary depending on the seriousness of the charges. If the defendant breaches bail, the surety may forfeit the entire amount.
Non-contact orders
The defendant must not contact or approach certain persons, including the alleged victim, witnesses, or co-accused. Non-contact conditions are particularly common in domestic violence matters, sexual offence matters, and cases involving allegations of witness interference.
Passport surrender
The defendant must surrender their passport to the court or the police. This condition is imposed where there is a concern that the defendant may attempt to leave Australia before their matter is resolved.
No-go zones
The defendant must not enter certain locations, such as the alleged victim’s home, workplace, or a particular suburb or area.
DAAR course
In matters involving domestic and family violence, the court may require the defendant to complete a Domestic and Family Violence Awareness and Accountability in Relationships (DAAR) course as a condition of bail. This condition was introduced through amendments to the Bail Act and reflects the emphasis on addressing the behaviour that leads to domestic violence offending.
The conditions imposed on bail are not punitive. They are designed to manage risk while allowing the defendant to remain in the community. However, it is essential to understand that every condition must be strictly complied with. If you do not understand a condition of your bail, seek legal advice immediately. Many people inadvertently breach bail simply because they did not fully understand what was required of them.
First Court Appearance
If the police refuse to grant you watchhouse bail, your first opportunity to apply for bail will be at your first court appearance in the Magistrates Court. You will be brought before a magistrate, and your lawyer will make submissions in support of your bail application.
At this stage, your lawyer will outline your personal circumstances, your ties to the community, your accommodation and employment situation, and the proposed conditions that will address any concerns the court may have. Your lawyer may also tender evidence such as letters from employers, proof of accommodation, character references, or medical reports to strengthen the application.
The prosecutor will then have the opportunity to oppose bail, outlining any concerns about the risk of the defendant failing to appear, committing further offences, or interfering with witnesses. The magistrate will weigh both sides and make a decision.
Preparing a Strong Bail Application
The strength of a bail application depends heavily on the preparation that goes into it. At Donnelly Law Group, we approach every bail application with thoroughness and attention to detail. We gather evidence of our client’s community ties, employment, accommodation, and family responsibilities. We identify any conditions that can be offered to mitigate the risks the court may be concerned about, and we prepare detailed submissions addressing every factor the court will consider.
To proceed with a bail application, evidence such as letters from employers, proof of accommodation, or medical reports demonstrating community ties is necessary. We also prepare our clients for what to expect in the courtroom, including what will happen if bail is granted and what will happen if it is refused.
In show cause matters, the preparation is even more intensive. We prepare supporting affidavits that detail the applicant’s personal history, proposed residence, and the reasons why their continued detention is not justified. We work with the applicant’s family and support network to identify sureties and to demonstrate that the applicant will have a stable and supported environment if released.
What Happens If Bail Is Refused
If bail is refused by the Magistrates Court, you will be remanded in custody. This means you will be taken to a correctional facility to await your next court date. However, a refusal at the Magistrates Court level is not the end of the road.
You have the right to apply to the Supreme Court for bail. As outlined above, the Supreme Court will hear the application afresh and is not bound by the magistrate’s earlier decision. Alternatively, if your circumstances change, you may be able to make a further application to the Magistrates Court, although you will generally need to demonstrate a material change in circumstances since the earlier refusal.
If bail is refused, contact Donnelly Law Group immediately. We can advise you on the best pathway forward and begin preparing a Supreme Court bail application without delay.
Varying Bail Conditions
After bail has been granted, circumstances may change that make it necessary or appropriate to vary the conditions. For example, you may need to change your residential address due to a change in your living arrangements, or you may need to adjust your reporting times because of a new employment schedule.
You can apply to have your bail varied either through the court or through the police, depending on your bail undertaking. If your bail undertaking states that the police may make variations to your bail, you may apply to the police at a local police station to have a condition varied. If the variation requires court approval, your lawyer can make an application to the relevant court to have the conditions amended.
When bail is varied, you will be required to sign a new bail undertaking that reflects the updated conditions. It is important to ensure that any variation is formally approved and documented. Simply changing your behaviour without obtaining a formal variation, for example moving to a new address without court approval, may constitute a breach of bail.
Bail Enlargement
A bail enlargement is the process by which the date on which you are required to next attend court is extended. This typically occurs when your matter is adjourned at a court mention and a new court date is set.
In most cases, bail enlargement is handled as a routine procedural step. When your matter is mentioned in court and adjourned to a new date, the court will enlarge your bail to the next court day. Under the Bail Act 1980, an enlargement of bail may be granted in the absence of the defendant if the court thinks fit. This means your lawyer can attend on your behalf for routine mentions and have your bail enlarged without you needing to be physically present, provided you have been excused from attending.
However, it is important to understand that bail enlargement is not automatic. If your bail is not formally enlarged to a new date and you do not attend court on the date stated in your undertaking, you may be charged with failing to appear. Always confirm with your lawyer that your bail has been properly enlarged before relying on a new court date.
Breaching bail conditions is a serious matter. If you breach any condition of your bail, you can be charged with an offence under the Queensland Bail Act 1980. Breaching bail conditions is considered a criminal offence, and it carries a maximum penalty of two years imprisonment or a fine.
Common examples of bail breaches include
Failing to report to the police station as required
Leaving your residential address during curfew hours
Contacting a person you are prohibited from contacting
Failing to reside at your stated address
Consuming alcohol or drugs in breach of a condition prohibiting their use.
If you breach your bail, the court can revoke your bail and issue a warrant for your arrest. Once you are apprehended, you will be brought before the court, and your bail will be reconsidered. The fact that you have breached bail is a big factor that weighs against you in any subsequent bail application.
A breach of bail may also place you in a show cause position when you next apply for bail. This means that instead of the prosecution having to demonstrate an unacceptable risk, the onus shifts to you to demonstrate why your continued detention is not justified. This is a substantially harder test to satisfy, and it makes obtaining bail again much more difficult.
If you have breached your bail, or if you believe you may have inadvertently breached a condition, seek legal advice immediately. Even if you have a reasonable excuse for the breach, it is important to address the situation promptly and with the guidance of an experienced criminal lawyer. Our team at Donnelly Law Group can advise you on your options and represent you in any proceedings that arise from the breach.
Failing to appear in court on the date stated in your bail undertaking is one of the most serious things you can do while on bail. If you fail to appear in court as required by your bail order, the court can automatically cancel your bail and issue a warrant for your arrest. This warrant will remain active until you are apprehended by police or you surrender yourself to custody.
Once apprehended, you will be brought before the court and will need to apply for bail again. The fact that you failed to appear will weigh heavily against you, and you may be placed in a show cause position, making it significantly harder to obtain bail a second time.
In addition to the consequences for your bail, failing to appear is itself a criminal offence. You can be charged and, if convicted, sentenced separately for the failure to appear, in addition to any penalty for the original charges.
If you are unable to attend court on your scheduled date due to illness, emergency, or other unavoidable circumstances, contact your lawyer immediately. There may be steps that can be taken to have your matter adjourned and your bail enlarged without a warrant being issued. The key is to act before the court date, not after.
A surety is a person who agrees to guarantee that the defendant will comply with their bail conditions by putting up a financial guarantee. If the defendant breaches their bail or fails to appear, the surety may forfeit the money they have promised.
Sureties are commonly required in more serious bail applications, particularly in the Supreme Court. The purpose of a surety is to give the court additional confidence that the defendant will comply with their bail conditions, because someone close to them has a significant financial interest in ensuring compliance.
To act as a surety, the person must meet certain requirements. They must be over 18 years of age and must not have any convictions for serious offences. The court will want to be satisfied that the surety has sufficient financial means to honour the guarantee, and the surety may be required to provide evidence of their assets or income. In some cases, the court may require the surety to deposit money with the court or to provide security over real property.
The amount of the surety varies depending on the seriousness of the charges and the circumstances of the case. An offer of a surety typically requires a financial guarantee of $10,000 to $20,000, although amounts can be higher for more serious matters. The amount is set by the court and must be sufficient to provide a genuine incentive for the defendant to comply with their bail conditions.
If the defendant breaches bail, the court may order that the surety forfeit all or part of the guaranteed amount. This is a significant financial consequence, and it is important that anyone considering acting as a surety fully understands the risks involved. Your lawyer can explain the surety process in detail and advise you on whether offering a surety is appropriate in your case.
Bail applications in domestic violence matters involve additional considerations and, in many cases, a higher level of scrutiny from the court. The Queensland Government has progressively strengthened the bail provisions relating to domestic violence through a series of legislative amendments, most notably the Bail (Domestic Violence) Amendment Act 2017 and further amendments in 2022.
Under these provisions, a person charged with a domestic violence offence who has a relevant history of domestic violence may be placed in a show cause position, meaning they must demonstrate to the court why their continued detention is not justified. The court will pay particular attention to the safety of the alleged victim and any children involved, the nature and frequency of the alleged offending, and any prior domestic violence orders or breaches.
Bail conditions in domestic violence matters are typically more restrictive than in other criminal matters. The court will often impose non-contact conditions prohibiting the defendant from approaching or communicating with the alleged victim, no-go zone conditions preventing the defendant from attending the alleged victim’s home or workplace, and may require the defendant to surrender any weapons in their possession. In some cases, the court may also impose a condition requiring the defendant to complete a DAAR course as part of their bail.
Being granted bail is not the end of the process. It is the beginning of a period during which you must strictly comply with every condition of your bail while your criminal matter proceeds through the courts. Understanding what is expected of you after bail is granted is essential to avoiding the serious consequences of a breach.
Signing your bail undertaking
Once the court grants bail, you must sign your bail undertaking before being released. The bail undertaking is a legal document that sets out all of the conditions you must comply with. Read it carefully and make sure you understand every condition. If there is anything you are unsure about, ask your lawyer to explain it to you before you leave the court.
Attending court
Your matter will then proceed through the court system, and you will be required to attend court on each date your matter is listed. At each mention, your lawyer can appear on your behalf if you have been excused from attending, and your bail will be enlarged to the next court date. If your circumstances change during this period and you need to vary a condition, speak with your lawyer about the process for applying for a variation.
Complying with bail conditions
The period between being granted bail and the resolution of your matter can be months or, in some cases, years. Throughout this entire period, every condition of your bail must be complied with. A breach at any stage, even close to the end of the process, can result in your bail being revoked, a warrant being issued for your arrest, and you being placed in a show cause position for any future bail application.
How Donnelly Law Group Can Help with Your Bail Application
Bail is one of the most time-sensitive areas of criminal law. When you or a family member is in custody, every hour matters. At Donnelly Law Group, we provide urgent bail assistance across Brisbane and throughout Queensland. Our approach to bail applications is built on more than 25 years of experience in criminal law, and we bring that experience to bear on every matter we handle.
Preparation and court submissions
We prepare thorough bail applications that address every factor the court will consider. We gather evidence of community ties, employment, accommodation, and family responsibilities. We identify and prepare sureties. We draft supporting affidavits for Supreme Court applications. We present detailed submissions to the court that are tailored to the specific circumstances of the case and the concerns of the prosecutor and the magistrate or judge.
Expert representation
We represent clients at every level of the court system, from first appearances in the Magistrates Court to complex Supreme Court bail applications. We attend watchhouses to speak with clients in custody. We work with families to gather supporting material quickly and efficiently. We handle bail variations, enlargements, and breach matters. And we continue to manage our clients’ bail throughout the life of their criminal matter.
Challenging bail refusals and renewed applications
If bail has been refused, we do not accept that as the final word. We assess whether a Supreme Court application is appropriate, we identify any material change in circumstances that may support a fresh application, and we prepare the strongest possible case for release.
Why Choose Donnelly Law Group for Bail Applications in Brisbane
More than 25 years of expertise
Our criminal lawyers have been securing bail for clients across Queensland for over two decades. We understand the law, the courts, and the prosecutors, and we know what it takes to succeed.
Experience at all court levels
We handle bail applications in the Magistrates Court, the District Court, and the Supreme Court. No matter how serious the charges, we have the expertise and the resources to prepare and argue your application.
Urgent availability
Bail cannot wait. We offer urgent bail assistance and can begin work on your application immediately, including attending watchhouses and preparing applications outside of business hours.
Personalised approach
Every bail application is different. We take the time to understand your personal circumstances, the charges against you, and the specific risks the court will consider. We then tailor our approach to give you the strongest possible prospect of being granted bail.
Speak with a Brisbane Bail Lawyer
Frequently Asked Questions About Bail Applications in Brisbane.
What is a bail application?
A bail application is a formal request to the court to release a person from custody while their criminal matter is being dealt with. The person must sign a bail undertaking, which is a written promise to attend court on their next court date and to comply with any conditions imposed. Bail applications can be made in the Magistrates Court, the District Court, or the Supreme Court, depending on the seriousness of the charges and whether bail has already been refused at a lower level.
What does it mean to be in a show cause position?
A show cause position means that instead of the prosecutor having to prove you are an unacceptable risk, the burden shifts to you. You must demonstrate to the court why your continued detention in custody is not justified. Show cause positions arise in a range of circumstances under section 16(3) of the Bail Act 1980, including where the offence is punishable by mandatory life imprisonment, where the offence was allegedly committed while on bail, where the person was armed with a weapon, or where the person has a history of breaching bail or failing to appear.
Can I apply to the Supreme Court if the Magistrates Court refuses bail?
Yes. If bail has been refused in the Magistrates Court, you have the right to apply to the Supreme Court for bail. The Supreme Court will hear the application afresh and is not bound by the magistrate’s earlier decision. Supreme Court bail applications require the preparation and filing of specific documents, including a formal application, a supporting affidavit, and a draft bail order. These documents must be served on the Director of Public Prosecutions at least two full business days before the hearing.
What conditions can the court impose on bail?
The court can impose any conditions it considers necessary. Common conditions include residing at a stated address, reporting to a police station at specified times, complying with a nightly curfew, not contacting certain persons, surrendering your passport, providing a surety, and not attending certain locations. In domestic violence matters, the court may also require completion of a DAAR course. The specific conditions will depend on the nature of the charges and your personal circumstances.
What happens if I breach my bail conditions?
Breaching bail conditions is a criminal offence under the Bail Act 1980 and carries a maximum penalty of two years imprisonment or a fine. If you breach bail, the court can revoke your bail and issue a warrant for your arrest. A breach may also place you in a show cause position for any future bail application, making it significantly harder to obtain bail again. If you believe you have breached a condition of your bail, seek legal advice immediately.
What is a surety and how does it work?
A surety is a person who guarantees that the defendant will comply with their bail conditions by putting up a financial guarantee. The surety must be over 18 years of age and must not have any convictions for serious offences. If the defendant breaches bail or fails to appear, the surety may forfeit the guaranteed amount, which typically ranges from $10,000 to $20,000 depending on the seriousness of the charges.
How long does it take to get a bail application heard?
If police refuse watchhouse bail, you will typically appear before a Magistrates Court the next court day. If you need to apply to the Supreme Court, the timeframe is longer because of the requirement to prepare and file documents and to serve the DPP at least two full business days before the hearing. At Donnelly Law Group, we work as quickly as possible to have bail applications prepared and filed without unnecessary delay.
What is a bail enlargement?
A bail enlargement is the extension of the date on which you are required to next attend court. When your matter is adjourned at a mention, the court will typically enlarge your bail to the new court date. In some cases, your lawyer can attend on your behalf and have your bail enlarged without you being present. It is important to confirm with your lawyer that your bail has been properly enlarged, as failing to attend court on the date stated in your undertaking may result in a warrant for your arrest.
Can I change my bail conditions after they have been set?
Yes. You can apply to have your bail conditions varied either through the court or through the police, depending on what your bail undertaking says. If your bail undertaking allows the police to make variations, you can apply at a local police station. If court approval is required, your lawyer can make an application to the relevant court. When bail is varied, you will sign a new bail undertaking reflecting the updated conditions.
What happens if I fail to appear in court?
Failing to appear in court on the date stated in your bail undertaking is a serious matter. The court can automatically cancel your bail and issue a warrant for your arrest. You may also be charged with the separate criminal offence of failing to appear. If you are unable to attend court due to illness or emergency, contact your lawyer immediately so that steps can be taken to have your matter adjourned before the warrant is issued.
Do I need a lawyer for a bail application?
While you are entitled to make a bail application without a lawyer, having experienced legal representation significantly improves your prospects of being granted bail. A criminal lawyer can prepare the application, gather supporting evidence, draft affidavits and other documents, and present persuasive submissions to the court. This is particularly important in show cause matters and Supreme Court applications, where the stakes are higher and the preparation requirements are more demanding.
What is the difference between watchhouse bail and court bail?
Watchhouse bail is granted by the officer-in-charge at a police station before you appear in court. The conditions tend to be less detailed and are appropriate for less serious matters. Court bail is granted by a magistrate or judge after a formal bail application, and the conditions are typically more comprehensive and tailored to the specific risks identified. If police refuse watchhouse bail, the next step is to apply for court bail at the Magistrates Court.
Can I get bail for a serious offence like drug trafficking or a serious assault?
Yes, it is possible to obtain bail for serious offences, although the application process is more complex and may involve a Supreme Court application. For offences that carry mandatory life imprisonment, the application must be heard by the Supreme Court. For other serious offences, bail may be available through the Magistrates Court or the District Court, depending on the circumstances. Our lawyers have experience securing bail for clients facing a wide range of serious charges.
How does bail work in domestic violence matters?
Bail applications in domestic violence matters involve additional scrutiny. Under amendments introduced in 2017 and 2022, a person charged with a domestic violence offence who has a relevant history may be placed in a show cause position. The court will pay particular attention to the safety of the alleged victim and any children, and bail conditions in DV matters tend to be more restrictive, often including non-contact orders, no-go zones, and requirements to surrender weapons.
What is a material change in circumstances?
If bail has been refused and you wish to apply again, you may need to demonstrate a material change in circumstances since the earlier refusal. This could include new evidence becoming available, a reduction in the seriousness of the charges, a change in your personal circumstances such as securing accommodation or employment, or a significant delay in your matter being listed for trial. Your lawyer can advise you on whether a material change exists and whether a fresh application is appropriate.
