Queensland Consolidated Acts

BAIL ACT 1980 - SECT 29A

29A Procedure in respect of defendants apprehended under s 21(7) or the Police Powers and Responsibilities Act 2000

(1) A defendant apprehended—

(a) under a warrant issued under section 21 (7) ; or

(b) under the Police Powers and Responsibilities Act 2000 , section 367 ;

shall—

(c) subject to paragraph (d) , be brought forthwith before a Magistrates Court or, as the case may be, Childrens Court to be dealt with according to law; or

(d) where the defendant is apprehended within 24 hours before the time at which the defendant is bound by a condition of the defendant’s undertaking to appear before a court—be kept in custody and the person in whose custody the defendant is shall cause the defendant to surrender into the custody of the court at the time and place for the time being appointed for the defendant to do so.

(2) The court before which a defendant is brought pursuant to subsection (1) —

(a) if it is satisfied that the defendant has broken, or is likely to break, a condition of the defendant’s undertaking may—

(i) revoke the bail and commit the defendant to prison with a direction to the chief executive (corrective services) to keep the defendant and cause the defendant to surrender into the custody of the court specified in the undertaking at the time and place for the time being appointed for the defendant to do so; or

(ii) release the defendant on the defendant’s original undertaking or vary the defendant’s bail; or

(b) if it is not satisfied that the defendant has broken, or is likely to break, a condition of the defendant’s undertaking, may release the defendant on the defendant’s original undertaking or vary the defendant’s bail.

(3) This section does not apply if under subsection (1) (b) the only condition the defendant has broken, or is likely to break, is a condition of the defendant’s undertaking imposed under section 11 (9) or 11AB .