Queensland Consolidated Acts

BAIL ACT 1980 - SECT 20

20 Undertaking as to bail

(1) A defendant to whom bail is granted in or in connection with a criminal proceeding (other than a defendant to whom bail is granted under section 14 or 14A ) shall, before being released from custody, enter into an undertaking in the approved form.

(2) A defendant—

(a) who is committed for trial; or

(b) who has been convicted and has appealed against the conviction or sentence imposed thereon;

and to whom bail is granted shall provide and the undertaking shall contain the defendant’s residential address and an address for service of notices.

(2A) For subsection (2) , the defendant’s address for service of notices may be the same as the defendant’s residential address.

(3) In the case of bail granted to a defendant requiring the defendant’s appearance before a Magistrates Court, Childrens Court or, as the case may be, any justice or justices conducting an examination of witnesses in relation to an indictable offence the undertaking shall be subject to—

(a) the following conditions—

(i) that the defendant must surrender into custody as required;

(ii) that the defendant must not depart from the court unless the bail is enlarged;

(iii) whether or not the defendant is represented, that the defendant must obey the directions of the court in relation to any further appearance, whether the directions are given to the defendant personally or to the defendant’s lawyer; and

(b) such further conditions—

(i) as are imposed under section 11 (2) , (3) , (6) or (9) or 11AB or the Youth Justice Act 1992 , section 52 or 52A ; and

(ii) as the court thinks fit to impose.

(3AA) Despite subsection (3) , the defendant need not surrender into custody or appear personally if the defendant is represented by the defendant’s lawyer unless—

(a) the court directs otherwise; or

(b) a charge is being heard and determined, an examination of a witness is being conducted or a penalty is being imposed.

(3A) In the case of bail granted to a defendant following the defendant’s committal for trial the undertaking shall be subject to—

(a) conditions that the defendant—

(i) shall appear or be represented by the defendant’s lawyer before the court to which the defendant is committed for trial at the time stated in, and in accordance with, the notice given pursuant to section 27 ; and

(ii) if the notice states that it is intended to ask the court to proceed with the trial at the time stated in the notice—shall surrender into custody and not depart from the court unless the bail is enlarged; and

(iii) shall obey the directions of the court, whether given to the defendant personally or to the defendant’s lawyer, with respect to any further appearance and, if directed to appear personally, shall surrender into custody and not depart from the court unless the bail is enlarged; and

(iv) shall notify the director of public prosecutions or, as the case may be, deputy director of public prosecutions in writing forthwith of any change of address for service of notices or residential address other than that arising from the defendant’s surrender into custody; and

(b) such further conditions—

(i) as are imposed under section 11 (2) , (3) , (6) or (9) or 11AB or the Youth Justice Act 1992 , section 52 or 52A ; and

(ii) as the court thinks fit to impose.

(3B) In the case of bail granted to a defendant under section 13 (1) at a time prior to the commencement of or during the examination of witnesses in relation to the indictable offence in respect of which the defendant has been so granted bail the undertaking may be subject to the condition that if the defendant is committed for trial the bail shall be enlarged, in which case the undertaking shall be subject to the conditions set out in subsection (3A) (a) .

(3C) In the case of bail granted to a defendant in circumstances not provided for in subsection (3) , (3A) or (3B) the undertaking shall be subject to—

(a) the condition that the defendant notify the director of public prosecutions or, as the case may be, deputy director of public prosecutions in writing forthwith of any change of address for service of notices or residential address other than that arising from the defendant’s surrender into custody; and

(b) such further conditions as are imposed by the court granting bail.

(3D) In the case of bail granted to a defendant subject to a passport surrender condition, the undertaking must include a statement that the defendant has surrendered the defendant’s current passport.

(4) A defendant who is taken into custody upon charges for 2 or more offences and who has been granted bail may be released from custody upon entering, together with the defendant’s surety or sureties (if any) into 1 undertaking for the defendant’s appearance at a specified court, time and place or sittings upon all or any 2 or more of the charges.

(5) The justice, police officer, chief executive (corrective services) or his or her delegate, or officer of the department in which the Youth Justice Act 1992 is administered authorised by subsection (6) before whom a defendant and the defendant’s surety or sureties (if any) sign an undertaking—

(a) shall satisfy himself or herself that the defendant and the surety or sureties understand the nature and extent of the obligations of the defendant under the conditions of the bail and the consequences of the defendant’s failure to comply with them; and

(b) shall give to the defendant and the defendant’s surety or sureties a notice of the undertaking in the approved form.

(6) An undertaking in respect of which the conditions have been fixed may be entered into before—

(a) a justice; or

(b) a police officer authorised by this Act or the Youth Justice Act 1992 to grant bail; or

(c) where a party to the undertaking—

(i) is in prison, the chief executive (corrective services) or his or her delegate; or

(ii) is a child detained in a place established under the Youth Justice Act 1992 , part 8 —a person for the time being in charge of the place.

(7) A person referred to in subsection (6) before whom an undertaking is entered into shall, forthwith after it is entered into, forward the undertaking to the proper officer of the court that granted the bail referred to in the undertaking.

(8) A reference in subsection (3) (a) (iii) and (3AA) to a lawyer, for the mention of a matter in a Magistrates Court or the Childrens Court relating to a defendant released on bail in which there is no issue about the bail, includes a person who is undertaking practical legal training.

(9) For subsection (8) , there is no issue about bail if the complainant or prosecutor or person appearing on behalf of the Crown does not oppose the defendant continuing on bail and there is no application to vary, as opposed to enlarge, bail.

(10) In this section—

"passport surrender condition" , for a defendant, means a special condition under section 11 (2) , or a condition under the Youth Justice Act 1992 , section 52A , that includes a requirement that the defendant surrender the defendant’s current passport.

"practical legal training" means practical legal training under the supervision of a lawyer under rules made under the Supreme Court of Queensland Act 1991 , section 85 (1) (b) .