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General information about bail

The court will only grant you bail if it is satisfied that you will meet certain conditions, of which the most important are:

  • You will appear in court for your next hearing
  • You will not break the law while on bail
  • You are not a danger to the general public, witnesses or yourself.

The court looks at a number of factors to decide if you will meet these conditions.

Factors the court considers

Seriousness of the offence

The more serious the offence you have committed, the stronger your reasons will have to be to have bail granted. The court must consider the safety of the community.

Previous breaches of bail

If you have breached bail in the past by failing to appear in court, you will need to explain to the court why you did so and convince the court that you will not do so again. The court will probably demand a surety.

Previous criminal history

The court will always have a record of your criminal history in Queensland and interstate. The Crown always supplies this information at a bail application.

Your criminal history will affect your bail application, especially if your previous convictions are similar to your present charge or you have committed offences while on bail. Previous convictions for breaches of bail should be explained.

If you have a history of drug or alcohol related offences the court may order that you undergo counselling and/or urine testing as a condition of your bail.

However, the court looks at each case on its merits. Your criminal history is just one of the factors the court considers.

Ties with Queensland

It will help your application if you can show that you have strong ties with Queensland, either because your family lives here or you have lived here all your life. However, it is possible to be granted bail even if your residence is in another state.

The court needs to know that you have a permanent address if granted bail. You should state who you will be living with and your relationship to them. The court will also want to know where you were living at the time you were arrested.

If you will stay in a boarding house, hostel or rehabilitation centre, make sure you confirm these arrangements before you go to court. Include the address of the boarding house or hostel in your 'affidavit', and offer to report to a police station regularly. You should provide a letter confirming a placement in a rehabilitation centre to the court.

The court may demand a surety in your bail conditions if you do not have strong ties with Queensland.

Availability and amount of surety

Generally, it is important to have a surety. A person can only provide surety if:

  • they are at least 18 years of age
  • they have no criminal convictions for indictable offences (if the indictable offence has been dealt with summarily, ie. in the magistrates Court, it is not classified as a criminal conviction for an indictable offence. An indictable offence is a serious criminal offence, such as rape, break-and-enter, stealing)
  • the property or money they offer belongs to them.

Usually the correctional centre will accept either ownership of real estate or cash. Some centres will accept other property of value, such as vehicles or jewellery.

If a person owns property, they can only provide surety for the amount they actually own. If there is still a mortgage, the surety can only cover the amount the person has paid off.

The amount of surety increases with:

  • the seriousness of your offence
  • the number of times you have previously failed to appear in court when required
  • the fewer ties you have with Queensland.

Employment

It will help your application if you can provide the court with proof of employment if granted bail.

Medical History

If you have a condition that needs ongoing or specialist treatment, the court may take your medical history into account.

Drug/Alcohol/Gambling Addiction and Domestic Violence

If you are remanded in custody on drug related charges or have previous convictions for drug related offences, it will help your application if you can provide the court with proof that you are addressing your alleged offending behaviour, ie. a letter confirming placement in a drug rehabilitation centre or counselling for your alleged addiction or behaviour.

Following is a list of centres that provide live-in rehabilitation or counselling.

Live-in centres

Moonyah
58 Glenrosa Road, Red Hill
PO Box 81, Red Hill Qld 4059
(07) 3369 0922

Fairhaven
497 Parklands Drive, Southport
PO Box 482, Ashmore City Qld 4214
(07) 5594 7288

Logan House
Lot 1 Kirk Road, Chambers Flat
PO Box 65, Kingston Qld 4114
(07) 5546 3900

Mirikai
191 West Burleigh Road, Burleigh Heads
PO Box 2655, Burleigh Mail Centre, Burleigh Heads Q 4220
(07) 5535 4302

Counselling

Hot House Youth Counselling
29 Grimes Street, Auchenflower Qld 4066
(07) 3208 6888

Logan Central Community Health Centre
Cnr Wembley and Ewing Roads, Logan Central Qld 4114
(07) 3290 8900

Chermside Community Team
The Prince Charles Hospital, Rode Road, Chermside Qld 4032
(07) 3350 8911

For referrals to your nearest counselling service, including access to naltrexone treatment, call the Alcohol and Drug Information Service on Tel. (07) 3236 2414 or 1800 177 833.

The Alcohol and Drug Counsellor at your centre can also assist with arranging drug and alcohol rehabilitation and counselling.

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