Hollows Boonen Lawyers
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Bail in QLD

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If the police charge you with an offence you may be taken into custody.

If you are granted bail then you can remain in the community until your matter is finalised in Court.

There are different types of bail available depending on the nature and seriousness of the charge(s) against you, as well as your personal circumstances.

After charging you with an offence, the police will decide whether to give you ‘watch-house bail’. This means that you are granted bail on the condition that you return to court on a particular date. In this instance, you will be required to sign a bail undertaking stating that you promise to return to court on a specified date and that you agree to adhere to any bail conditions.

Alternatively, the police may issue you with a ‘notice to appear’ which sets out your charge(s) and court date. If you do not appear in court after you have been issued with a notice to appear a warrant may be issued for your arrest.

If the police do not grant you watch house bail or issue you with a notice to appear you will remain in custody until your matter can be heard before a Magistrate. Generally this will happen within 24 hours of your arrest.

If you appear before a Magistrate for a Bail Application you should ensure you get legal representation. You only get one chance at a Bail in the Magistrates Court so it’s extremely important you get it right! If you are refused bail by a Magistrate your only other avenue is to make an application for bail to the Supreme Court.

Some factors the court may take into consideration when deciding whether to grant you bail are as follows:-

  • The nature and seriousness offence you have been charged with;
  • The strength of the prosecution’s case against you;
  • Your employment and family responsibilities;
  • Whether you are considered to be a ‘flight risk’;
  • Whether you have stable accommodation;
  • Whether members of the community, including any victims are at risk;
  • Whether you should remain in custody for your own protection;
  • Your character, antecedents, home environment; and
  • Your previous bail and criminal history.

If you are granted Bail some common bail conditions include:-

  • Reporting conditions;
  • No contact with the complainant, victim or witness;
  • Financial surety;
  • Residential conditions;
  • Curfews; and
  • You not consuming any alcohol or drugs.

We are on call 24 hours 7days.  If you need a Lawyer, call us any time on 1800 465 569 or 0411 881 030.

Brisbane

Level 10 239 George Street
Brisbane CBD QLD 4000


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Gold Coast

Suite 30610, Southport Central 3 9 Lawson Street Southport QLD 4215


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Sunshine Coast

8 Pikki St
Maroochydore QLD 4558


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