Queensland Consolidated Acts

BAIL ACT 1980 - SECT 34BB

34BB Varying bail for charge for indictable offence referred to clerk of the court under Justices Act 1886

(1) This section applies if a charge for an indictable offence is referred to the clerk of the court at a place under the Justices Act 1886 , section 23EB .

(2) The bail applying to the defendant in relation to the charge (the
"summary bail" ) is continued, and is taken to have been granted by the court (the
"receiving court" ) in which the relevant indictment has been or is to be presented, on the same conditions that applied immediately before the referral of the charge to the clerk of the court.

(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) 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 (4)—

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.

(5) If the clerk of the court, under the Justices Act 1886 , section 23EB (3) (a) (ii) , refers the charge back to the Magistrates Court, and the relevant indictment has not been presented, the bail is taken to be varied to require the defendant to appear at the time and place advised to the parties by the clerk of the court under the Justices Act 1886 , section 23EB (6) .

(6) In this section—

"relevant indictment" means the indictment mentioned in the Justices Act 1886 , section 23EB (2) (b) (i) or (ii) .