After being charged with a criminal offence in Queensland, you will either be granted bail or be remanded in custody. The police or a court grants bail, but the Supreme Court decides bail when you are facing serious charges in an indictment. The Supreme Court also considers applications for a review of decisions made by magistrates about bail. Applying for bail in the Supreme Court varies depending on whether an indictment has been presented, and ensuring you have the correct form.
We list the forms you must submit to apply for bail in the Supreme Court and everything you need to consider before applying for bail.
How to apply for bail in the Supreme Court in QLD
When applying for bail in the Supreme Court, you must fill in either form 2 or 3, depending on whether the indictment has been presented or not. The application process can be challenging, so we recommend seeking legal advice to ensure all forms are completed correctly, increasing your chance of securing bail. We have outlined the different ways you can apply for bail below:
Applying for bail in the Supreme Court, where no indictment has been presented
If you have been charged with an offence on indictment but the indictment has not been presented to the Supreme or District Court, your bail application must be made in the Supreme Court. You must fill in Form 2 – Application for Bail in the Supreme Court and Form 11 – Affidavit of Justification.
If you have made previous bail applications and they have been refused, you will need to show the changes of circumstances that would allow for another application to be made.
Applying for bail where an indictment has been presented
If you have been charged with an offence on indictment and the indictment has been presented to the Supreme or District Court, you will need to apply for bail in the court the indictment was presented. You must complete Form 3 – application for bail in the court before the indictment is presented.
Considering the risks
When deciding if bail should be granted, courts in QLD must consider section 16 of the Bail Act 1980 and ensure it is safe to grant bail. Bail will not be granted if there is an unacceptable risk that the defendant:
- Would endanger the safety or welfare of a person
- Would interfere with the witnesses or obstruct the course of justice
- Would commit an offence while on bail
- Would fail to appear in court
When assessing if there is an unacceptable risk, the court will consider the following:
- Whether the applicant promoted terrorism or associated with a terrorist group
- Whether the applicant is Indignus, considering the cultural considerations and their relationship to their community
- The strength of the case
- The applicant’s bail history
- The applicant’s character, background, employment, and home environment
- The nature of the offence
To increase your chance of successfully obtaining bail, you must be honest with your lawyer and on the forms, showing the courts that you are a suitable candidate for bail. Your lawyer can help you complete the form and discuss your strategy.
Show cause bail applications
When you are charged with a ‘show cause’ offence, bail is refused unless you can show cause why your detention is unjustified. A show-cause offence is an indictable offence alleged to have been committed while you are awaiting trial for another indictable offence or an indictable offence involving a weapon.
Young persons under 18 are not required to show cause in bail applications.
Bail conditions
When bail is granted, sometimes conditions are added that must be met to ensure your bail is approved. The conditions can vary, but typically they include:
- Surrendering your passport
- Reporting to local police on specified days
- Not leaving a particular area
- Abiding by a curfew
- Abstaining from drugs and alcohol
- Not entering specific locations
- Not contacting specific persons (like victims or co-accused)
- Residing at a specific address
- Paying a surety (yourself or by another person) that is forfeited if bail is breached
You will be made aware of your conditions when bail is granted and the consequences of breaching your bail, which is usually remanded in custody.
Bail reviews and variations
When the Magistrates or the Children’s court refuse bail, you can sometimes apply to the Supreme Court to review the decision. The review is heard by one Supreme Court judge who will grant or deny bail.
When bail is granted with conditions, there can be opportunities to change the conditions. This usually applies when the circumstances change, and you cannot meet those conditions, like needing to move out of your property. The Supreme Court can adjust the conditions where needed, or you can apply for conditions to be changed at the court that granted bail.
Find your lawyer today
When applying for bail at the Supreme Court, you will want professional help and legal advice. Donnelly Law Group can help by providing the support and guidance you need. Their experienced criminal defence lawyers can help you gather the necessary information, file your paperwork, and campaign for a fair bail while you await trial.
