There is a strong likelihood of bail being granted
Legal Aid Queensland regards that there is a strong likelihood of bail being granted when an experienced practitioner would consider it likely that a magistrate could grant bail.
The practitioner must take all the evidence and circumstances of the case into account and the chance of bail being granted must be real and not fanciful. This requires much more than an arguable case.
Legal Aid Queensland will consider the following factors which may have a bearing on an applicants likelihood of bail being granted:
- age of the applicant
- seriousness of the offence
- previous breaches of bail (including failures to appear)
- previous breaches of probation (including prison escapes)
- ties with Queensland
- show cause (reverse onus) (section 16)
- availability of accommodation
- availability and amount of surety
- previous juvenile and adult criminal history
- opposition from crown
- next date for court
- strength of the prosecution case
The applicant is in a show cause situation
A show cause situation is defined in section 16 of the Bail Act 1980.