Download Bail Act 1980 PDF

TitleBail Act 1980
LanguageEnglish
File Size814.3 KB
Total Pages106
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		6 Definitions
		6A Delegation of powers by proper officer
	Part 2 Grant and enlargement of bail and other release
		7 Power of police officer to grant bail
		8 Power of court as to bail
		9 Duty of court to grant bail in certain cases
		10 General powers as to bail
		10A No court fee payable for making application to Supreme Court
		10B No costs order
		11 Conditions of release on bail
		11AA Release of a person only after surrender of passport
		11AB Condition requiring completion of DAAR course
		11A Release of a person with an impairment of the mind
		11B Release notice
		12 Restriction on publication of information, evidence and the like given in bail application
		13 When only the Supreme Court may grant bail
		14 Release of persons apprehended on making deposit of money as security for appearance
		14A Magistrates Courts may grant cash bail or permit to go at large
		15 Procedure upon application for bail
		15A Conduct of proceeding by Magistrates Court outside district or division
		16 Refusal of bail
		17 Enlargement of undertaking
		18 Endorsement of decision as to bail or release on papers and warrant
		19 Application re refusal or conditions of bail
		19A Consideration of unrecorded convictions
		19B Review of particular decisions
		19C Review by Supreme Court of magistrate’s decision on a review
		19CA  Stay of release decision relating to relevant domestic violence offence
		19D Warrants in aid of orders under section 19B or 19C or stay under section 19CA
		19E Review provisions do not affect other powers
	Part 3 Undertakings and sureties
		20 Undertaking as to bail
		21 Sureties
		22 Procedure where sureties do not attend prison
		23 Application to court by surety for discharge
		24 Apprehension of defendant by surety
		25 Effect of death of surety
		26 Offence of indemnifying surety
	Part 4 General provisions
		27 Notice of trial
		27A Warrant for apprehension of defendant for failing to enter into undertaking etc. before leaving precincts of court
		27B Warrant for apprehension of defendant—bail granted using video link facilities or audio link facilities under Justices Act 1886, pt 6A
		28 Warrant for apprehension of defendant by Supreme or District Court
		28A Other warrants for apprehension of defendant
		28B Warrant authority to apprehend defendant on other charges
		28C Warrant for apprehension of person released under section 11A
		29 Offence to breach conditions of bail
		29A Procedure in respect of defendants apprehended under s 21(7) or the Police Powers and Responsibilities Act 2000
		30 Apprehension on variation or revocation of bail
		31 Forfeiture of undertaking
		32 Forfeiture of deposit or other security
		32A Order for payment of amount under forfeited undertaking
		32B Variation or revocation of order forfeiting bail undertaking
		33 Failure to appear in accordance with undertaking
		33A Certain offences may be dealt with
		33B Committal or remand of certain defendants
		33C Jurisdiction
		33D Postponing issue or enforcement of a warrant
		34 Effect of apprehension on another charge of defendant on bail
		34A Varying bail if summary charge transmitted from court of summary jurisdiction to another court
		34B Varying bail if summary charge transmitted from receiving court back to court of summary jurisdiction
		34BA Varying bail on registry committal
		34BB Varying bail for charge for indictable offence referred to clerk of the court under Justices Act 1886
		34C Access to court files by representative of community justice group in defendant’s community
		34D Confidentiality
		34E Protection from liability
		34F Commissioner may give information about special condition of bail to particular persons
		35 Proceedings for offences
		36 Evidentiary provisions
		36A Service of notices
		36B When bail ceases to have effect
		36BA  Review of domestic violence provisions
		36C Approval of forms
		37 Regulation-making power
	Part 5 Transitional provisions
		38 Transitional provisions for State Penalties Enforcement Act 1999
		39 Provision concerning references to s 28A(1)(a)
		40 Provisions concerning bail decisions under s 7
		41 Transitional provision for Liquor and Other Legislation Amendment Act 2010
		42 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013
		43 Transitional provision for Criminal Law Amendment Act 2014
		44 Transitional provision for Safe Night Out Legislation Amendment Act 2014
		45 Transitional provision for Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016
		46 Transitional provision for Bail (Domestic Violence) Amendment Act 2017
	Schedule Offences for which bail must not be granted under section 14 or 14A
                        
Document Text Contents
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Queensland

Bail Act 1980

Current as at 30 March 2017

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[s 27A]

Bail Act 1980
Part 4 General provisions
all the circumstances and it may be oral or written save when
it is given to a defendant in which case it shall be written.

(3) The notice shall state whether it is intended to ask the court to
proceed with the trial upon the presentation of the indictment
or adjourn the trial.

(4) Where the trial is to be adjourned the defendant need not
appear personally before the court when an indictment is
presented against the defendant provided the defendant is
represented by the defendant’s lawyer.

27A Warrant for apprehension of defendant for failing to enter
into undertaking etc. before leaving precincts of court

(1) This section applies if a court grants bail to a defendant and
the defendant leaves the precincts of the court—

(a) if the defendant is required to enter into an undertaking
under section 20—without entering into the
undertaking; or

(b) if there are conditions of the bail the defendant must
comply with before leaving the precincts of the
court—without fulfilling the conditions.

(2) The court may issue a warrant for the apprehension of the
defendant.

(3) The warrant must—

(a) name the defendant against whom it is issued; and

(b) state the reason, under subsection (1)(a) or (b), for its
issue; and

(c) order all police officers to apprehend the defendant and
bring the defendant before the court to be dealt with
according to law.
Current as at 30 March 2017 Page 51

Authorised by the Parliamentary Counsel

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[s 27B]

Bail Act 1980
Part 4 General provisions
27B Warrant for apprehension of defendant—bail granted
using video link facilities or audio link facilities under
Justices Act 1886, pt 6A

(1) This section applies if—

(a) a magistrate grants bail to a defendant and the
proceeding is conducted using video link facilities or
audio link facilities under the Justices Act 1886, part 6A;
and

(b) the defendant leaves the precincts of the associated
place—

(i) if the defendant is required to enter into an
undertaking under section 20—without entering
into the undertaking; or

(ii) if there are conditions of the bail with which the
defendant must comply before leaving the
precincts of the associated place—without
fulfilling the conditions.

(2) A Magistrates Court may issue a warrant for the apprehension
of the defendant.

(3) The warrant must—

(a) name the defendant against whom it is issued; and

(b) state the reason, under subsection (1)(b)(i) or (ii), for its
issue; and

(c) order all police officers to apprehend the defendant and
bring the defendant before the court to be dealt with
according to law.

(4) In this section—

associated place see the Justices Act 1886, section 178B.

audio link facilities see the Justices Act 1886, section 4.

precincts, of an associated place, means the part of the
associated place used for the bail proceeding.

video link facilities see the Justices Act 1886, section 4.
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Authorised by the Parliamentary Counsel

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Endnotes

Bail Act 1980
When bail ceases to have effect
s 36B ins 1988 No. 105 s 28

Review of domestic violence provisions
s 36BA ins 2017 No. 9 s 9

Approval of forms
s 36C ins 1995 No. 58 s 4 sch 1

Regulation-making power
s 37 sub 1993 No. 34 s 2 sch
amd 1995 No. 58 s 4 sch 1

PART 5—TRANSITIONAL PROVISIONS
pt hdg ins 1999 No. 70 s 166 sch 1

Transitional provisions for State Penalties Enforcement Act 1999
s 38 orig s 38 ins 1993 No. 34 s 2 sch
om 1993 No. 76 s 3 sch 1
prev s 38 ins 1995 No. 58 s 4 sch 1
exp 28 May 1996 (see s 38(3))
pres s 38 ins 1999 No. 70 s 166 sch 1

Provision concerning references to s 28A(1)(a)
s 39 ins 2003 No. 3 s 2E

Provisions concerning bail decisions under s 7
s 40 ins 2003 No. 92 s 18

Transitional provision for Liquor and Other Legislation Amendment Act 2010
s 41 ins 2010 No. 51 s 12

Transitional provision for Criminal Law (Criminal Organisations Disruption) and
Other Legislation Amendment Act 2013

s 42 ins 2013 No. 64 s 9

Transitional provision for Criminal Law Amendment Act 2014
s 43 ins 2014 No. 39 s 23

Transitional provision for Safe Night Out Legislation Amendment Act 2014
s 44 ins 2014 No. 42 s 7

Transitional provision for Tackling Alcohol-Fuelled Violence Legislation
Amendment Act 2016

s 45 ins 2016 No. 4 s 11

Transitional provision for Bail (Domestic Violence) Amendment Act 2017
s 46 ins 2017 No. 9 s 9A

SCHEDULE 1
om 1993 No. 34 s 2 sch

SCHEDULE—OFFENCES FOR WHICH BAIL MUST NOT BE GRANTED
UNDER SECTION 14 OR 14A
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Endnotes

Bail Act 1980
sch (prev sch 2) amd 1982 No. 56 s 12; 1993 No. 34 s 2 sch; 1999 No. 42 s 54(3)
sch pt 3; 2000 No. 5 s 461 sch 3; 2003 No. 77 s 28; 2004 No. 43 s 3 sch; 2007
No. 37 s 8 sch; 2016 No. 12 s 389 sch 2 pt 2

© State of Queensland 2017
Page 104 Current as at 30 March 2017

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