When you’re caught committing a crime, or police believe you have, you’ll be arrested until the court decides if you’re guilty or not. Depending on how busy the courts are, you may have to wait weeks or months to have your case heard. During this time, you will either remain in custody or be allowed to live in the community. This will depend on a range of factors including the nature of your crime, your cooperation, and the success of your bail application.
If you’re granted bail, you will receive a Bail Undertaking document from the police or courts. You can find your bail conditions in this document, and you must follow everything that is included. If you lose your Bail Undertaking, you need to contact the police or court immediately to receive a new one. Below we’ll answer other frequently asked questions relating to bail and possible conditions that you may face.
What is bail?
Bail is a signed legal promise that you will go back to court when required. This may be provided as an option if you’re a defendant in custody and wish to be released while awaiting your trial or charges. You must follow all rules and conditions outlined in your bail document, otherwise you may face a fine, arrest, or imprisonment.
Your Bail Undertaking document will include your charges, your next court appearance date and time, the Court location, and any bail conditions that you must follow.
How do I get bail?
In Queensland, bail may be given by police or applied for in court. If you are given bail, it’s important that you understand the conditions and sign the document after it is reviewed by your legal representative. You must sign your bail otherwise you will not be released from custody.
If you have not been granted bail, you can apply for it through the Court that is dealing with your case. If your bail is refused in the Magistrates or District Court, or your charges are serious (e.g. murder or serious drug charges), your application will need to go through the Supreme Court.
If you apply for bail and it’s granted, the courts will process your request quickly. In some cases, you or another person may need to give the court a sum of money, called a surety, which the court will keep if you fail to return for your next court date. If you have followed all rules and conditions, any bail money will be refunded back to you or the person who provided the money after the final court decision has been made for your charges.
Applying for bail in the Supreme or District Courts
If you need to apply for bail through the Supreme or District Courts, you will need to file your documents at the registry counter or by post with the Supreme Court registry. We highly recommend getting legal advice during this process to give you the best chance of succeeding with your application. You or your lawyer will need to complete the following documents:
- Form 2 Criminal Practice Rules 1999 – Application for bail in the Supreme Court
- Form 46 Uniform Civil Procedure Rules – Affidavit or Form 11 Criminal Practice Rules 1999 – Affidavit to support the application
It’s also important to include any affidavits or other documents as requested to support your application. If you’re offering surety, which is where you or someone else provides money to guarantee cooperation with bail conditions, you will also need to complete Form 11 Bail Act 1980 – Affidavit of justification.
Applying for bail in the Magistrates Court
For minor indictable offences such as burglary, unlawful use of a motor vehicle, fraud and assault, your case will generally be held in Magistrate’s Court. If police have refused your bail, you will appear before a Magistrate, and your lawyer will present a case as to why you should be granted bail. Your lawyer will then draft a Bail Order and supply it to the Magistrate to sign which will include bail conditions and rules.
What bail conditions might be included?
There are a range of bail conditions you may need to follow depending on the circumstances and nature of your charges. These include but are not limited to:
- Passport surrender to prevent you leaving the country
- Reporting to a police station at set times
- Curfew restrictions that outline times you may and may not leave a residence
- Prohibited contact of certain people who are involved in your case
- Random drug and alcohol testing
- Tracking device monitoring
I broke my bail conditions, what do I do now?
If you broke any of your bail conditions, you may be fined, arrested or taken back into custody until your hearing. Seek legal advice immediately if you failed to follow the conditions or rules outlines in your bail agreement, even if it seems minor.
As well as facing further punishment, money that was put up for your bail could also be at risk. As this money is given by you or another person to guarantee you will follow all bail conditions, breaching these can result in losing the money.
What does it mean if my bail is extended?
For delayed court dates, the police or court may tell you your bail is enlarged which means it has been extended. You’ll receive a new bail document with your updated court date.
When do I need legal advice?
If you are being charged with a crime, getting a lawyer involved early on will ensure you get the best possible outcome for your case. This is especially important when you’re dealing with bail as your lawyer will make sure you follow the correct process and are supplying everything you need to be let back into the community.
Our team of experienced lawyers are here to help if you need advice about a charge or applying for bail. Get in touch to arrange a free consultation today.