Queensland Consolidated Acts

BAIL ACT 1980 - SECT 14A

14A Magistrates Courts may grant cash bail or permit to go at large

(1) Where a Magistrates Court adjourns the hearing of a charge of an offence other than an indictable offence or an offence specified in the schedule, the court (whether or not the defendant is already on bail) may—

(a) grant bail to the defendant and, in lieu of ordering the defendant to enter into an undertaking, order that the defendant be released from custody on making a deposit of money with the clerk of the court as security that the defendant will surrender into custody; or

(b) permit the defendant to go at large without bail on the condition that the defendant will surrender into custody.

Notes—

1 See also sections 16 and 16A for when a court must refuse to grant bail.

2 See also the Youth Justice Act 1992 , part 5 for the releasing of a child in custody in connection with a charge of an offence.

(1A) However, the Magistrates Court must not permit the defendant to go at large without bail under subsection (1) (b) if bail must be refused under section 16A .

Note—

See also the Youth Justice Act 1992 , part 5 for the releasing of a child in custody in connection with a charge of an offence.

(2) Where—

(a) a person accepts a deposit of money from a defendant pursuant to subsection (1) (a) , that person; or

(b) a Magistrates Court permits a defendant to go at large pursuant to subsection (1) (b) , the clerk of the court;

must give the defendant a notice in the approved form that includes the particulars required under a regulation.

(3) Where a defendant granted bail pursuant to this section and released from custody fails to surrender into custody, the court shall, subject to subsections (5) and (7) , order the forfeiture of the deposit of money made by the defendant in connection with the bail.

(4) Where a defendant granted bail pursuant to this section and released from custody surrenders into custody, the court shall order that the amount of the deposit of money paid by the defendant be refunded to the defendant unless—

(a) it orders that the amount or a part thereof be applied in or towards payment of any penalty or costs imposed or awarded; or

(b) where the hearing is adjourned and the defendant is permitted to go at large without bail, the court orders that the amount or a part thereof be applied as security that the defendant will surrender into custody.

(4A) In the case specified in subsection (4) (b) , if the defendant fails to surrender into custody the court shall deal with the deposit of money in accordance with subsection (3) and that subsection shall apply and extend accordingly.

(5) Where a defendant granted bail pursuant to this section and released from custody fails to surrender into custody but the defendant’s lawyer applies to the court for an adjournment of the hearing and the court grants the adjournment, the court may—

(a) 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 that the defendant will surrender into custody; or

(b) permit the defendant to go at large without bail on the condition that the defendant will surrender into custody.

(5A) Where an order is made under subsection (5) (a) and the defendant fails to surrender into custody the court shall deal with the deposit of money in accordance with subsection (3) and that subsection shall apply and extend accordingly.

(6) Subsections (4) to (5A) apply in relation to proceedings before a Magistrates Court at all times and places to which the hearing is adjourned.

(7) Where a defendant has been granted bail and released thereon after making a deposit of money as security that the defendant will surrender into custody and the hearing is adjourned pursuant to subsection (5) to a time and place to be determined and the defendant fails to surrender into custody the court shall not make an order forfeiting the deposit of money unless it is satisfied that reasonable notice of the time and place so determined has been given to the defendant.