Our expert Brisbane Criminal Lawyers can put you in the best position for bail applications.
The Bail Act 1980 (Qld) contains the relevant principles for applications for bail in Queensland. The starting point for a person remanded in custody is that they are entitled to bail unless certain circumstances are present.
The court will refuse to grant bail if satisfied there is an unacceptable risk the defendant will:
- Fail to appear
- Commit an offence
- Endanger the safety and welfare of members of the community
- Interfere with witnesses or obstruct the course of justice
The court will consider many different factors, including:
- The background history of the applicant
- The nature and seriousness of the offence
- Strength of the evidence
- The history of previous grants of bail
There are certain circumstances which will place a person in a ‘show cause’ position. Here, the onus shifts to the defendant to demonstrate why their detention in custody is not justified.