Bail Conditions (Qld)
In Queensland, decisions about bail are governed by Bail Act 1980. When a person is released on bail, they will be subject to standard bail conditions. They may also have to agree to additional bail conditions, tailored to their unique situation. This article deals with bail conditions in Queensland.
Standard bail conditions
Any person who receives bail will have to agree to the following bail conditions:
- Not to commit an offence punishable by imprisonment
- To attend court when required to do so.
Additional bail conditions
The court that grants bail may also impose additional conditions if it has concerns about a person’ s release.
Bail conditions are designed to allay concerns about the person committing further offences, failing to attend court, endangering persons, or interfering with witnesses.
Under section 11 of the Bail Act 1980, the court may impose special conditions when granting a person bail. However, it must not impose conditions that are more onerous than are necessary in the circumstances.
Bail surety
If the court does not consider it appropriate to release a person on bail on their own undertaking without a bail surety, it may require a person to provide a bail surety.
A bail surety is an amount of money that a person agrees to forfeit if the person receiving bail does not attend court to finalise the charges.
The court may require a surety to be provided by the person applying for bail, or by another person who vouches for them – such as a family member or employer.
Licensed premises
If a person is granted bail in relation to charges that involve the use of violence against a person or property and was allegedly committed in or in the vicinity of licensed premises, the bail decision maker must consider imposing a bail condition that the person is not to enter licensed premises or remain within a stated area of licensed premises.
Non-citizens
If a bail decision-maker is considering granting bail to a person who is not an Australian citizen or permanent resident, it must consider imposing a bail condition that requires the person to surrender their passport.
Electronic monitoring
A court that grants a person bail may impose a condition that the person must agree to be subject to electronic monitoring while on bail.
An electronic monitoring condition involves the person being fitted with a device that uses GPS technology to monitor their location. This information is accessible to the Queensland Police and correctional services.
If the person breaches a condition of their bail – for example, by attending premises they are not permitted to attend, this breach of bail can be actioned in real time.
A person who has an electronic monitoring condition imposed on their bail must cooperate with the installation and maintenance of the device. They must not interfere with the device.
Drug And Alcohol Assessment Referral
Under section 11AB of the Bail Act 1980, a court granting a person bail may impose a condition that the person must complete a drug and alcohol assessment referral (DAAR) course.
The DAAR course is for adults who have been charged with one or more offences that occurred in a public place while intoxicated.
The course involves a single two-hour session where the person undergoes an assessment of their drug and alcohol use and is provided with information and education.
The course is provided free of charge, and is available in a range of locations around Queensland.
Other bail conditions
A bail decision-maker may also impose other bail conditions designed to address particular bail concerns.
Conditions that may be imposed include the following:
- To abide by a curfew
- To attend work or school
- Not to associate with particular individuals
- Not to consume alcohol or drugs
- Not to attend particular locations
Breach of bail
Under section 29 of the Bail Act 1980, it is a criminal offence to breach any condition of a bail agreement. A person guilty of breaching bail faces a maximum penalty of two years imprisonment or a fine of 40 penalty units.
If you require legal advice or representation in any legal matter please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.