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Your 'affidavit' needs to include the following paragraphs:
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:
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.
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.
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.
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.
List details of your employment history. For example:
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'.
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'.
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'.
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.
If you intend to go to trial on the charges, include a paragraph in your 'affidavit' stating that you will be defending the charges.