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Your Guide to Bail Applications in Queensland

Bail Applications

If you have been charged with an offence and the police are opposing bail, it will be necessary to make an application for bail before a Court. After you are charged police must present you before a court at the earliest available time so that you can make an application for bail. Bail means that you can remain in the community while you are awaiting the outcome of your case. If you do not make an application for bail or if your application for bail is refused, you must remain in custody until your court case. In some cases, matters are over with quickly; in other cases, it can take months or even years for a matter to finalise in court.

Given the fact that you do not know how long your matter will take it is important that your application for bail successful. After all, if you are in prison, you are unable to work, unable to see your family regularly, and unable to run a business. In addition to this, it is highly complex to prepare a case from prison – but this is where a great criminal lawyer comes in to play.

It is imperative that you seek expert legal assistance prior to making an application for bail. Should an application for bail be refused by a Magistrate a person must be able to show that there has been a material change in circumstances in their case to reapply for bail before a Magistrate. Or they will be required to make an application before the Supreme Court.

Get in touch with us now on (07) 3180 0104 or call us any time for your bail application on 0419 975 118 for Mitchell or 0406 661 449 for Nathan.

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Granting Bail

The Bail Act 1980 stipulates that unless there are certain circumstances at play, the court has a duty to grant bail. The court will refuse bail if there is an unacceptable risk that a person charged with an offence:

  • Would fail to appear
  • Would commit a further offence
  • Would endanger the safety/welfare of a person
  • Interfered with witnesses or otherwise obstruct the course of justice

In addition to this, if the court may refuse bail if it believes that a person should remain in custody for their own protection.

Ultimately, the court will need to be persuaded that you are not an unacceptable risk of breaching your bail undertaking. This is usually achieved by the imposition of conditions such as:

  • Residential;
  • Curfew;
  • Reporting to a police station; and
  • No contact conditions (usually with witnesses or co-offenders)

Show Cause

As mentioned above a Court is required to grant bail if you can demonstrate that you are not an unacceptable risk of breaching your bail. There are however times when you may be in a “show cause” position. This means that the roles are reversed, and you will need to demonstrate why your continued imprisonment is not justified.

A “show cause” application can arise in situations such as

  • You have been charged with an indictable offence whilst already on bail for another indictable offence;
  • A weapon was used during the alleged offence; or
  • Some domestic violence offences such as strangulation.

If you find yourself in a show cause bail application, it is imperative that you seek expert advice before proceeding. Here at Hounsell Cunningham our lawyers are experienced advocates who have a proven record in successful bail applications.

Fixed Fee Representation, No Hidden Costs!

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Procedures for Granting Bail and making a Bail Application

Police Bail

In some cases, police officers – either an officer in charge or the manager of a watch house – has the power to grant bail prior to an offender appearing in court. This is called watch house bail and you will need to make a formal application before a court.

Court Bail

In some cases, you will need to make an application before the court for bail. This is when police are opposing your bail. When we make an application for bail on your behalf, we will advise the court of all of the information that is relevant to your matter such as the weakness in the police case against you and your personal details such as your ties to the community your property and finances, employment, family, and residency information. We will stand up and represent you in court so that you do not have to go through this process alone.

Should your application for bail before a Magistrate be unsuccessful, we can also assist you in making a new application before the Supreme Court.

Supreme Court Bail

Applying for bail in the Supreme Court requires significantly more preparation than in a Magistrates Court. In order to apply for bail before the supreme Court it is necessary to lodge an application and draft, file and serve supporting Affidavits. Our team of lawyers will draft this material on your behalf so that you and your matter is presented to the Court in the most beneficial way.

Choose Hounsell Cunningham as your Criminal Defence Lawyers for your Bail Application

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Hounsell Cunningham are a respected criminal defence firm who are experienced in putting forward applications for bail. When you work with us you can be assured that our expert guidance and representation will work for you. We present your case in the best possible light and we have a strong track record of successful defence. We understand the discretion that is required for bail applications and we always work with the utmost respect and dedication to your matter. Contact us today for representation in your bail application.

Get in touch with us now on (07) 3180 0104 or call us any time on 0419 975 118 for Mitchell or 0406 661 449 for Nathan.

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