Types of Bail Qld: 3 Things You Should Know About Being Arrested

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Types of Bail Qld

In Queensland, Australia, there are several types of bail Qld that can be granted to individuals who are awaiting trial or sentencing. The types of bail Qld available may include:

  1. Police Bail: This is when the police release a person from custody, often with conditions, until their court appearance. Police bail can be granted at the police station or the watchhouse.
  2. Court Bail: This is when a person is released from custody by a court before their trial or sentencing. Court bail can be granted at various stages of the criminal justice process, including after an arrest or during an appeal.

It’s important to note that the granting of bail is subject to various factors, including the seriousness of the offence, the risk of flight, the likelihood of reoffending, and the protection of the community.

The court will consider these factors when determining whether to grant bail and may impose conditions such as reporting to a police station, surrendering a passport, or observing a curfew.

Our team at Walker Pender have criminal law experts who are able to assist you in the event you want to obtain bail.

What Can Happen Upon Being Arrested

Upon being arrested, the police can do the following:

1. Issue a notice to appear: Issuing a notice to appear is when an individual is formally summoned to court to address charges or allegations. It informs them of the court date, specific charges, and any conditions. It allows individuals to be released instead of being detained, ensuring their awareness of the proceedings. Compliance with the notice is crucial, as failure to appear can result in legal consequences such as arrest warrants or additional charges for non-appearance.

2. Give you police bail: After the police grant you bail and you have paid the bail amount, ensure you understand and comply with the bail conditions. Report to the police as required, attend all court hearings and seek legal representation for guidance. Maintain good conduct to avoid further legal issues. Violating bail conditions can lead to revocation and re-arrest. Stay informed, follow the rules, and seek legal advice to protect your rights.

3. Refuse your bail and have you brought before the Court to make a bail application: When the police refuse bail, they are required to bring you before a court as soon as reasonably practicable. The police may refuse bail if they believe you pose a risk. At the court hearing, a judge will consider your bail application. They’ll assess factors like the charges, criminal history, and community ties. If bail is granted, you may have conditions. If bail is denied, you’ll remain in custody until trial or a subsequent bail application. Legal advice is crucial in understanding your options.

If you are given police bail, you will be provided with a court date that you must attend. Further, they can place conditions of bail on you.

Need a Lawyer?

Refusal of Bail | Types of Bail Qld

If you are refused bail by the police, then you will be brought before the court to make a bail application.

You are entitled to contact a lawyer. A Magistrate or other judicial officer will hear your bail application and determine if you can remain in the community while you await your court matters to be finalised. If bail is refused, you will be remanded in custody and could spend a significant time on remand awaiting the outcome of the matter.

If you are refused bail before a Magistrate, you are limited in your ability to make a further application. You must show a significant change in circumstances or apply to the Supreme Court. 

Bail is never guaranteed, and you should seek legal advice upon your arrest.

Contact us for further details today on (07) 3813 7833 or mail@walkerpender.com.au

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.

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