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Bail Act 1980 – 9 December 2016

Quick to view summary

A person in police custody may be released on bail and the release may be subject to conditions.

  • Sections 7, 8, 10, 11, 11AA, 11AB, 13, 14, 16
Reason for law

To consolidate the law relating to the release of defendants charged with offences. (Introduction to Act)

Relevant links

Sentencing, prisons and probation: Applying for bail [Queensland Government]

Forms [Queensland Courts]

Bail by Mail Publication [Prisoners’ Legal Service, Inc]

Youth Bail Accommodation Service [Youth Advocacy Centre]

Highlighted practice direction

2016/04 – Queensland Integrated Court Referrals

2016/02 – Queensland Murri Court

2015/03 – Proceedings using video link facilities and audio link facilities

2014/06 – Interpreters – applications under the Bail Act 1980 or the Dangerous Prisoners (Sexual Offenders) Act 2003

2004/06 – Applications jurisdiction – outline of argument, documents read, appearance slip | 1999/14 – UCPR 1999 Applications – Outline of Argument

2013/21 – Contested bail applications

2010/25A – Special Circumstances Court Diversion Program – Annexure2010/25 – Special Circumstances Court Diversion Program

2016/01 – Queensland Magistrates Early Referral Into Treatment (QMERIT) Program2006/04 – Queensland Magistrates Early Referral into Treatment (QMERIT) Program

2000/07 – Form of Committal from Magistrates Court and Form of Related Bail Orders

Critique

It is possible to have fewer operative provisions for this Act.

Section 32 contains a reference to ‘Her Majesty’ which may be replaced with a modern alternative.

It may not be fair for the surety to be imprisoned for failure to make payment of the surety in the event of a person breaching bail – see section 32A.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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