The ultimate guide to securing bail in Queensland - What you need to know
If you have been arrested and charged in Queensland, getting bail is the first step to avoid remaining in custody while you wait for trial. Typically, the court process can take months or even years. Therefore, in most cases, it is crucial to ensure that you can remain in the community during this time.
What is Bail?
Bail is a legal process that allows a defendant to be released from custody and remain in the community under specific conditions while their case goes through court.
What are the factors the court will consider when deciding bail?
There are various factors the court will look at depending on the case. Key considerations include:
The seriousness of the charge – More serious offences are less likely to result in bail.
Risk of failing to appear – If the risk of failing to appear at future court dates are high, the court may refuse bail. For example, if there have been previous failures to appear in court or evidence that you have tried to abscond or evade police.
Previous criminal history – A history of bail breaches can affect your chances.
Risk to the community or complainant – The court will consider whether you pose a danger to others.
Ties to the community – Having stable employment and family in Queensland may help.
What are the different types of bail in Qld?
The officer at the watchhouse has power to issue bail. If so, this will avoid you having to attend the court to ask for bail.
If watchhouse bail is not issued, then you will appear in the Magistrates Court usually the same day, or the next morning, to apply for bail. It is important to seek legal advice as soon as possible as there are complexities with this process.
If the Magistrates Court refuses bail, then your next option is to apply to the Supreme Court. This can take 1 or 2 weeks to prepare and obtain a hearing date. During this time, you will remain in custody. Initially at the cells, until you are transferred to the remand centre which is normally Arthur Gorrie Correctional Centre at Wacol, Brisbane.
How do I improve the chances of getting bail?
There are various preparations which can be undertaken to improve prospects. This can include:
Offering strong bail conditions, such as reporting, surrendering a passport, and not having contact with the complainant and witnesses.
Presenting evidence to the court as to adverse consequences if you are not granted bail. This can include loss of employment, medical reasons, and inability to care for children or family members.
Preparing affidavits of support from close family and members and friends.
Considering whether a surety is available. A surety is someone who offers a sum of money to the court in exchange for ensuring that you will comply with your bail conditions including that you will appear in court. There are special rules applying to who can be a surety. If you do not comply with bail, the surety will forfeit the sum of money. The sum can vary case-by-case but may typically be around $10,000 to $20,000.
Making strong submissions in court as to why there may be weaknesses in the prosecutor’s case or a lack of evidence. It is important to be careful what submissions are made in court at this stage as it can affect the case later on. An experienced criminal lawyer will know how to present your bail arguments effectively without compromising future defence strategies.
Get advice now from a Bail lawyer
Bail is a very technical and often complex process especially for serious offences. Seeking early advice from the best criminal lawyers in Brisbane is crucial.
Our team of criminal defence lawyers appear throughout Qld and have successfully defended serious and complex crimes throughout Qld for over 10 years.
Contact us today on (07) 3012 6531 for a no-obligation confidential discussion, to see how our best criminal lawyers can help you.