Bail Applications

If you are charged with a criminal offence, chances are that you will need to apply for bail.

Bail is a written promise to appear in court on future dates as required. It is a criminal offence to breach a condition of your bail undertaking.

Bail may be granted by the police watch-house officer, or the Court.

If you are charged with a serious offence, or have a significant criminal history, the police may oppose you being granted bail.  Where this occurs, it will be necessary for you to apply for bail to the Magistrates Court or the Supreme Court (as the case may be).

The Bail Act 1980 applies to grants of bail in Queensland.

The general rule is that a Court will grant bail to a person unless there is a real risk that you may commit further offences, fail to appear in court as required, interfere with the administration of justice or for your own safety and wellbeing.  Further, the Court will take into account various factors, including but not limited to the nature and seriousness of the charge, your previous criminal history (if any), whether you are in a “show cause” position, the availability of conditions and your connections to the community.

If bail is refused in the Magistrates Court, you have the option of applying for bail in the Supreme Court.

See also: Should you participate in a police interview?

Further information for family members can be found here.

Jasper Fogerty Lawyers are highly experienced and have conducted countless successful bail applications in the Magistrates Court and Supreme Court of Queensland.