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Affidavit

Your 'affidavit' needs to include the following paragraphs:

  • a paragraph on your charges
  • what you intend to do with your charges (ie. defend the charges)
  • the time you have spent remanded in custody
  • your proposed residence
  • your previous residences for the past two years
  • your proposed employment (if any)
  • your previous employment or social security status
  • your proposed reporting conditions (frequency and location)
  • amount of surety (if any)
  • explanations for previous breaches of bail
  • personal information (if any)
  • any counselling you are prepared to undertake
  • if you are young, ie. 20 or under, whether you will abide by a curfew

Affidavit instructions

You must follow the content and layout guidelines of the attached sample and practice Affidavit(PDF, 162KB) when you are putting together your 'affidavit'. They are set out the way the court wants. Make sure that the person typing up your 'affidavit' follows the format shown.

If you are unable to type the forms the Registrar will accept neatly handwritten forms.

The following layout guidelines must be followed:

  • You must put the footnote at the bottom of each page, except for the final page.
  • Bolding and capital letters apply to all the names of the people referred to in the 'affidavit', eg: JANE HELENE PLAIN.
  • Each paragraph is numbered. If a paragraph does not apply to you and therefore you do not include it in your 'affidavit', you need to renumber the paragraphs. For example if you take out paragraph 9, renumber the old paragraph 10 as 9.
  • Any exhibit to your 'affidavit' (ie. letter of support) must have an exhibit marking attached (see sample Exhibit marking(PDF, 21KB))

Below is listed out some of the things you need to include in your 'affidavit'. Refer to the sample and practice Affidavit(PDF, 162KB) to see how it all works.

Paragraph 3 - your charges

You must list all the charges for which you want bail. Ask your correctional centre to give you the exact charges for which you are being held.

They will give you either long or short title charges. Copy these charges onto your 'affidavit'.

A long charge will look like this:

That on the nineteenth day of December 1998 at Brisbane in the State of Queensland, one JANE HELENE PLAIN stole from one KANE
LAYNE
with actual violence, $100 and at the time aforesaid the said JANE HELENE PLAIN was in the company of another person.

A short charge will look like this:

1 x stealing with actual violence whilst in company.

The court will accept either type of charge, providing it is correct and you include all the charges you want bail for.

Important
Your correctional centre will not release you if their records show that you are being held on remand for a charge that is not in the bail order.

Ask your correctional centre which court and what date your next appearance will be held. If you are currently serving a sentence but you are on remand for other offences, you should make your application after your sentence is complete. If you are serving a period of imprisonment for unpaid fines you do not need to finish the sentence before applying for bail.

Paragraph 9 - residence

Remember that the court wants to be sure that you will have a permanent place to live, if you are released on bail. You should tell the court who you will be living with and your relationship with them. If you have lived in Queensland for an extended period of time before you were arrested, make sure you include this in your 'affidavit'.

Put this information in paragraphs 9 and 10 of the 'affidavit'.

You should also include a letter from the person you will be living with as an exhibit with its own exhibit marking.

Paragraph 11 - employment

List details of your employment history. For example:

  1. I was employed by Brain's Construction Company between 1992 and 1996 as a secretary.
  2. Between 1996 and 1997 I was employed by Dane Lane's Paint Producing Factory as an administrative assistant.

Include all your previous jobs. You are not limited to mentioning one or two. It is important you include those jobs you held for a long time.

Put this information in paragraphs 11 and 12 of the 'affidavit'.

Paragraph 13 - surety

Before you write the name of the person you have in mind to provide your surety, phone or write to that person to make sure they are willing to do so. Ask the person to write a letter confirming this agreement.

Put this information in paragraph 13 of the 'affidavit'.

Paragraph 15 - previous breaches of bail

Fill in this section if you have breached bail in the past. It is important to give reasons for every time you failed to appear. For example:

'At the time I was required to appear in the magistrates court at Brisbane, I was in hospital with appendicitis.'

Put this information in paragraph 15 of the 'affidavit'.

Paragraph 16 - personal information

Include any personal information you think should be brought to the attention of the judge, for example a serious medical condition that you or someone that you care for has, such as your child, de-facto, husband/ wife, or mother.

Paragraph 19 - general statement

If you intend to go to trial on the charges, include a paragraph in your 'affidavit' stating that you will be defending the charges.

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