Queensland Consolidated Acts

BAIL ACT 1980 - SECT 14

14 Release of persons apprehended on making deposit of money as security for appearance

(1) This section applies if—

(a) a person, who has been arrested in connection with a charge of an offence, other than an indictable offence or an offence mentioned in the schedule, is delivered into the custody of a police officer who is—

(i) the officer-in-charge of a police station or police establishment; or

(ii) a watch-house manager; and

(b) the person has not first appeared before a justice in relation to the offence; and

(c) the police officer is satisfied the person can not be taken promptly before a court.

(1A) If the police officer considers it appropriate, the police officer may grant bail to the person and release the person from custody on the person making a deposit of money as security for the person’s appearance before a court on the day and at the time and place notified to the person under this section.

Notes—

1 See also section 13 for when only particular courts may grant a person bail.

2 See also section 16 for when a police officer must refuse to grant bail.

(1B) If either of the following happens, the police officer may release the person without bail—

(a) a person charged with being drunk in a public place is released into the care of a person at a place of safety under the Police Powers and Responsibilities Act 2000 , section 378 ;

(b) a person charged with a minor drugs offence within the meaning of the Police Powers and Responsibilities Act 2000 , section 378B is given a drug diversion warning, or signs a drug diversion agreement, under that Act.

(2) The police officer who accepts a deposit of money from a person and grants bail to the person under subsection (1A) or the Youth Justice Act 1992 , part 5 —

(a) shall cause a bench charge sheet to be completed with the following particulars and kept at the police establishment or watch-house—

(i) the name, place of residence and occupation of the person;

(ii) a short statement of the offence;

(iii) the amount of the deposit of money;

(iv) the day, time and place appointed for the person’s appearance before the court or justice and the court or justice before which or whom the person is required to appear; and

(b) must give the person a notice in the approved form that includes the particulars required under a regulation.

(3) The police officer who accepts a deposit of money from a person and grants bail to the person at a place other than a place for holding Magistrates Courts and thereupon releases the person from custody shall cause the bench charge sheet referred to in subsection (2) (a) to be forwarded to the clerk of the court at the place where that person is required to appear.

(4) Without limiting subsection (3) , the bench charge sheet may be forwarded by electronic communication.

(5) Where a person granted bail and released from custody pursuant to this section fails to appear before a court or justice in accordance with the bail, the court or justice shall, subject to subsections (7) and (9) , order the forfeiture of the deposit of money made by the person in connection with the bail.

Note—

If an order is made under this subsection, an order may also be made under the Justices Act 1886 , section 150A to end the complaint in relation to the matter for which the person was granted bail.

(6) Where a person granted bail and released from custody pursuant to this section appears before a court or justice in accordance with the bail, the court or justice shall order that the amount of the deposit of money paid by the person be refunded to the person unless the court or justice orders that the amount or a part thereof be applied in or towards payment of any penalty or costs imposed or awarded or unless, where the hearing is adjourned and the person is permitted to go at large without bail, the court or justice orders that the amount or a part thereof be applied as security for the person’s appearance at the time and place to which the hearing is adjourned or to be determined (which the court or justice is hereby empowered to do) whereupon, in the latter case, if the person fails to appear at the time and place to which the hearing is adjourned or that has been determined the court or justice shall deal with the deposit of money in accordance with subsection (5) and that subsection shall apply and extend accordingly.

(7) Where a person granted bail and released from custody pursuant to this section does not appear in accordance with the bail but the person’s lawyer applies to the court or justice for an adjournment of the hearing and the court or justice grants the adjournment, the court or justice may, in lieu of ordering the amount of the deposit of money to be forfeited, order that the amount or a part thereof be applied as security for the person’s appearance at the time and place to which the hearing is adjourned or to be determined or permit the person to go at large without bail.

(7A) If the person fails to appear at the time and place appointed or determined for the continuation of the hearing in accordance with the bail the court or justice shall deal with the deposit of money in accordance with subsection (5) and that subsection shall apply and extend accordingly.

(8) Subsections (6) to (7A) apply in relation to the proceedings before a court or justice at all times and places to which the hearing is, from time to time, adjourned.

(9) Where a person has been granted bail and released thereon after making a deposit of money as security for the person’s appearance and the hearing is adjourned pursuant to subsection (7) to a time and place to be determined and that person does not appear at the time and place so determined, steps shall not be taken to forfeit such deposit of money unless the court or justice is satisfied that reasonable notice of the time and place so determined has been given to the person.

(10) This section does not prejudice or in any way affect—

(a) the powers of a court or justice with respect to adjournments or the issue of warrants of apprehension; or

(b) the operation of any Act relating to the forfeiture of bail.