Queensland Consolidated Acts

BAIL ACT 1980 - SECT 34BA

34BA Varying bail on registry committal

(1) This section applies if—

(a) under a registry committal under the Justices Act 1886 , the clerk of the court at a place orders a defendant charged with an indictable offence to be committed to be tried or sentenced for the offence; and

(b) immediately before the registry committal, the defendant is on bail.

(2) The bail applying to the defendant immediately before the registry committal (the
"summary bail" ) is continued, and is taken to have been granted by the court (the
"receiving court" ) to which the defendant is committed for trial or sentence on the same conditions that applied immediately before the registry committal.

(3) However, the summary bail is taken to be varied to require the defendant to appear before the receiving court as required by the receiving court.

(4) Also, if the clerk of the court amends the charges under the Justices Act 1886 , section 115 (6) , the summary bail is taken to be granted for the charges on which the defendant is committed for trial or sentence under the registry committal.

(5) An undertaking given for the purposes of the summary bail, including any promise of a surety, is, for the continuance of the summary bail, taken to have been given to the receiving court, and, to the greatest practicable extent, the provisions of this Act relating to undertakings continue to apply.

Example for subsection (5)—

The entitlement of a surety to apply to the receiving court for a discharge under section 23 (Application to court by surety for discharge) continues to apply.