Bail

Bail

Courts are given the power to grant bail by section 8 of the Bail Act 1980(QLD). When deciding whether or not to grant bail the courts consider a number of factors.

A court will refuse a bail application if it can be satisfied that:

• There is an unacceptable risk that if the defendant is released on bail they would fail to appear and surrender into custody;
• There is an unacceptable risk that the defendant while released on bail would commit an offence or endanger the safety or welfare of a person who is claimed to be a victim to the offence or anyone else’s safety or welfare;
• There is an unacceptable risk that the defendant while released on bail would interfere with witnesses or otherwise obstruct the course of justice; or
• The defendant should remain in custody for their own protection.

The court will consider the following factors when assessing whether there is an unacceptable risk with regard to the matters set out above:

• The nature and seriousness of the offence;
• The character, antecedents, associations, home environment, employment and background of the defendant;
• The history of previous grants of bail;
• The strength of evidence against the defendant;
• If the defendant is an Aboriginal or Torres Strait Islander then the court will take into consideration any submissions made by a representative of the defendant’s community justice group.

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000