Bail in Queensland
Bail in Queensland
Decisions about bail in Queensland are governed by the Bail Act 1980. The Bail Act 1980 has been amended a number of times in recent years. It is important to be across the latest changes in Queensland law if you are considering applying for bail. This page outlines the laws around applying for bail in Queensland.
Police bail vs court bail
When a person is arrested in relation to a criminal offence, they may be granted bail by the police. If the police do not grant bail, they must take the person before a court as soon as practicable and give them the opportunity to apply for bail. A court may grant bail or refuse bail.
If a person is granted bail, they will be released subject to conditions and must return to court to finalise the charges against them. If a person is refused bail, they will be kept in custody until their matter is finalised or until bail is granted.
Unacceptable risk
Under section 16 of the Bail Act 1980, a person must be refused bail if there is an unacceptable risk that if released, they would:
- fail to appear at court
- commit an offence, endanger the safety or welfare of a person, interfere with witnesses or obstruct the course of justice.
In assessing whether there is an unacceptable risk, the court must take into account a range of factors including the nature and seriousness of the offence, the person’s character and circumstances, the person’s bail history, the strength of the evidence against the person, and other factors.
During a bail application, the prosecution may tender evidence such as the person’s criminal history and bail history. It may also highlight any specific concerns they have about the person being granted bail.
The defence may tender character references, medical reports, and evidence of employment and other community involvement. The defence may also propose conditions to allay any concerns the court has about the grant of bail.
Show cause
In some circumstances, a person applying for bail must be refused by unless they “show cause’ as to why their detention is not justified.
The situations where a person must show cause include where:
- they are charged with and indictable offence allegedly committed while they were awaiting trial for another indictable offence
- they are charged with an offence against the bail act
- they are charged with an indictable offence involving the use of the firearm, offensive weapon, or explosive substance.
Bail conditions
Section 11 of the Bail Act 1980 gives bail decisions the power to impose conditions when releasing a person on bail. A decision maker must not make conditions that are more onerous than necessary in the circumstances.
Examples of bail conditions that may be imposed are:
- that the person must surrender their passport
- that the person must undergo a medical examination
- that the person must not enter licensed premises
- that the person be fitted with an electronic monitoring device
Breach of bail
If a person is granted bail, they will be released from custody on conditions, including the condition that they returned to court to answer the charges against them. If the person breaches the conditions of their bail by failing to attend court when required, they commit a criminal offence.
The offence of breach of bail is contained in section 29 of the Bail Act 1980. It carries a maximum penalty of a fine of 40 penalty units or imprisonment for two years.
This offence applies to children who are on bail as well as adults who are on bail.
Youth bail
In 2024, the Queensland government passed sweeping reforms to the state’s youth justice legislation. One of the changes was removing the principal that remand is a last resort in respect of a young person who is charged with a criminal offence.
In the past, bail decision-makers were required to grant bail to a young person except in cases where this was not appropriate. In contrast, police and courts now have more discretion as to whether or not to grant bail to a person who is under 18.
Courts are now directed to remand a young person in custody where this is necessary in the interest of community safety, and where non-custodial protective measures would not be sufficient. This represents a major change to Queensland’s youth bail system.
If you require legal advice or representation in any legal matter please contact Go To Court Lawyers.
Related Content
Fernanda Dahlstrom
Content Editor
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.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Applying for Bail in the Supreme Court (SA)
When a person in South Australia is charged with a criminal offence, they may be released on bail or remanded in custody. Decisions about bail in South Australia are governed by the Bail Act 1985 and may be made by police or by a court. While the majority of bail ....
Posted in:
Bail
Applying for Bail in the Supreme Court (ACT)
When a person is the ACT is charged with an offence, they may be remanded or granted bail. Decisions about bail are made under the Bail Act 1992. Bail may be granted by police or by a court. This page deals with applying for bail in the Supreme Court of ....
Posted in:
Bail
The Victorian Bail Act 1977 underwent significant amendments that took effect on 26 March 2025. The changes included the introduction of community safety as the overarching principle in bail decisions and the abolition of the principle that remand is a last resort for a young person. This page outlines the ....
Posted in:
Bail
When a person is charged with a criminal offence, they may be remanded in custody or granted bail by the police or by a court. Every state and territory has its own bail laws; however, the general principles governing bail are the same throughout Australia, although they are expressed differently ....
Posted in:
Bail
Breach of Bail (ACT) When a person is charged with criminal offences in the ACT, they may be remanded in custody or released on bail pending the finalisation of the charges. The laws about bail in the ACT are contained in the Bail Act 1992. If a person does not comply with the ....
Posted in:
Bail
Bail Presumptions (NT) In the Northern Territory, decisions about bail are governed by the Bail Act 1982. A person may be granted (or refused) bail by the police or by a court. The process for deciding whether a person is granted bail is determined by the bail presumption that applies. This ....
Posted in:
Bail
Applying for Bail (ACT) In the ACT, when a person is charged with an offence, they can either be held in custody until their case is heard or released on bail. When a person is released on bail, they must return to court at a later date to answer the ....
Posted in:
Bail
‘Show Cause’ Bail Applications in the Supreme Court (NSW)
When an accused person has been refused bail by a court, an authorised justice, or by the police, the Supreme Court may hear a release application. Supreme Court bail applications are generally the applicant’s last chance to be at liberty before their criminal charges are finalised. Supreme Court release applications are ....
Posted in:
Bail
Bail Applications in the Children’s Court in Tasmania
When a person is arrested in relation to offences in Tasmania, they will either be granted bail or remanded in custody. When a young person is arrested, the same general rules and procedures for bail and remand apply as for adults, with some extra requirements imposed under the Youth Justice ....
Posted in:
Bail
DPP v Alexander: Bail and Exceptional Circumstances
DPP v Alexander: Bail and Exceptional Circumstances In 2024, the Supreme Court of the ACT handed down a decision about bail and human rights. In the decision, the court found that bail ought to have been granted to a man charged with serious offences while on bail in relation to another matter because ....
Posted in:
Bail
Applying for Bail in the Supreme Court (Vic)
When a person is charged with criminal offences in Victoria, they are either released on bail or remanded in custody. A decision about bail may be made by the police or by a court. While the majority of decisions about bail are made by magistrates, in some cases the Supreme ....
Posted in:
Bail
Breach of Bail in South Australia
Breach of Bail in South Australia In South Australia, an application for bail is governed by the Bail Act 1985. If a person is granted bail, they will have to sign a bail agreement. This is an undertaking or promise that you will come to court when required and comply with ....
Posted in:
Bail