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Skip Navigation LinksHome > About us > Policies and procedures > Grants Handbook > What do we fund? > Criminal law > Bail > Magistrates court bail

Magistrates court bail 

Assessment criteria

For legal aid to be granted for an application for bail in the magistrates court the following tests must be satisfied:

  • the applicant meets the means test, and
  • the applicant meets guideline 6 – bail, and
  • the applicant meets the merit test, and
  • the applicant has been provided funding for the substantive matter, and
  • the application for bail is not able to be made at the next mention, and
  • the applicant is in a show cause situation and/or the prosecution has advised of their intention to oppose bail.
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Documentary requirements

Application or request for an extension of aid received from client

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

  • A completed and signed Legal Aid Queensland application form, if applicable.
  • Proof of income and assets (refer to the means test).
  • A copy of the applicants criminal history and/or traffic record.

Application or request for an extension of aid received from preferred supplier or in-house practitioner

Preferred suppliers seeking a grant of legal assistance should electronically submit an application for aid or extension request via the Grants Online system along with the appropriate information request or checklist. The following documents are retained on file:

  • A completed and signed Legal Aid Queensland application form if applicable.
  • All documentation as outlined in part A4 of the case management standards - criminal law.
  • Proof of income and assets (refer to the means test).
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Interpretation

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.

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Grant(s) of aid

The grant of aid for a bail application in the magistrates court is Clausecode:C9.

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Decision makers of a higher delegation

Any applications for bail relating to participants in a criminal organisation under s16(3A) of the Bail Act 1980 will be referred to a grants manager for determination.
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Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).

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Last modified: 24 September 2014 4:01PM
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Magistrates court bail