Queensland Consolidated Acts

BAIL ACT 1980 - SECT 22

22 Procedure where sureties do not attend prison

(1) Where a certificate as to bail is endorsed on papers or warrant pursuant to section 18 and it is not convenient for the proposed surety or sureties to attend at the prison in which the defendant is detained to sign the undertaking, the proper officer of the court that made the endorsement may make a duplicate of the certificate endorsed on the papers or warrant.

(1A) A justice, upon production to the justice of that duplicate and the undertaking, may obtain the signature or, as the case may be, signatures of the proposed surety or sureties on the undertaking in conformity with the certificate and witness that signature or those signatures.

(1B) Where the undertaking as so signed is transmitted to the chief executive (corrective services) and produced to a person authorised by section 20 (6) together with the papers or warrant with the certificate endorsed thereon and the duplicate certificate, that person may thereupon obtain the signature of the defendant on the undertaking, witness that signature and order the release from custody of the defendant and the chief executive (corrective services) shall, if the defendant is detained for no other lawful purpose, forthwith obey such order.

(2) Where a defendant is detained in a prison at 1 place and the proposed surety or sureties is or are resident at another place too far removed to enable the procedure laid down in subsections (1) to (1B) to be carried out immediately, it shall be sufficient compliance with the subsections if the following procedure is adopted—

(a) upon request made in that behalf the chief executive (corrective services) shall advise the proper officer of the court in the district in which the surety or sureties are resident that a certificate of bail has been granted and of the terms and conditions of that bail;

(b) the proper officer may thereupon arrange to have the surety or, as the case requires, sureties execute a separate undertaking binding the surety or sureties in conformity with the certificate as to bail, advise the chief executive (corrective services) that this has been done and give the undertaking to the chief executive (corrective services);

(c) a person authorised by section 20 (6) upon being satisfied that the undertaking referred to in paragraph (b) has been executed and production to the person of the papers or warrant with the certificate as to bail endorsed thereon may thereupon obtain the signature of the defendant on a separate undertaking and witness that signature and thereupon the provisions of subsections (1) to (1B) as to the release of the defendant from custody apply.