Queensland Consolidated Acts

BAIL ACT 1980

- As at 3 May 2024 
- Act 35 of 1980 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   3.      (Repealed)
   4.      (Repealed)
   5.      (Repealed)
   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 particular courts 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
   15B.    (Repealed)
   16.     Refusal of bail generally
   16A.    Refusal of bail for defendants convicted of terrorism offences or subject to Commonwealth control orders
   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 AND VALIDATION 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
   47.     Transitional provision for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019
   48.     Transitional provision for Youth Justice and Other Legislation Amendment Act 2019
   49.     Transitional and validation provision for Evidence and Other Legislation Amendment Act 2022
   50.     Transitional provision for Strengthening Community Safety Act 2023
   51.     Transitional provision for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024
           SCHEDULE - Offences for which bail must not be granted under section 14 or 14A