UNDERSTANDING BAIL IN QUEENSLAND: BAIL REFUSAL
The immediate aftermath of being charged with an offence or being arrested, oftentimes leads to time custody to await your next court appearance. How long one stays in custody can vary, all the way from a short few hours to until the next arranged court date.
So, what variable plays a part in the time spent in custody? The answer is ‘bail’.
‘Bail’ is a written promise known as a bail undertaking to appear in court on a particular date. (qld.gov.au) It’s important to carefully read, and re-read the bail undertaking as it notes all the necessary details and conditions.
Conditions may include regularly reporting to a police station, living at an agreed upon address and having someone ‘pay’ a surety. If you are to break one of these conditions of bail, or do not understand your bail conditions – you should seek immediate legal advice for further support.
In Queensland, there is the ‘presumption of innocence’ rule. This allows those in custody who have been charged to be granted bail - giving them the chance to return home and no longer await their trial in custody.
However, like all aspects of Australian law, there are variables, considerations and conditions involved with bail, and sometimes, not all bail will be granted and rather, refused.
Could your bail be refused?
This is where those considerations must be taken into place. What determines the granting or refusal of one’s bail is (generally) based on the following considerations and/or questions;
• Does the individual have any prior criminal history;
• What is the seriousness of the charge the individual is currently faced with;
• What is the individual’s risk of reoffending;
• Has the individual had previous history of bail breaches;
• Is the individual employed;
• Does the individual have a place to live; and
• what is the likelihood that the individual will not attend the next scheduled court appearance.
These considerations are evaluated by the magistrate or judge and will affect the decision of refusing or granting the bail.
Most often, the individual will be granted bail unless the prosecutors can prove that there is a high risk of that person reoffending.
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What are the options after a bail refusal?
If your bail has been refused by the Magistrates Court, there is options for the defendant to apply to the Supreme Court. If bail is refused in the Supreme Court, the defendant can appeal the decision to the Court of Appeal, that will review the bail application.
There are many intricate variables, considerations and specificities involved within each individual case and bail applications in Queensland. We advise to speak to a legal firm with proven experience to see you through these tough times.
Speak to Creevey Russel Lawyers in Queensland Today
You need the best support and professional advice when facing times like these. Please contact Creevey Russell Lawyers to assist you through these times. Having 50+ Years of Experience in Criminal Law and in much more in other areas of Law expertise. We’re here to ensure your rights are represented through bail applications and other areas where you seek legal assistance.
Call us on 07 3009 6555 OR
Send through an email to firstname.lastname@example.org
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