Queensland Consolidated Acts

BAIL ACT 1980 - SECT 7

7 Power of police officer to grant bail

(1) This section applies if—

(a) a person, who has been arrested in connection with a charge of an offence, or under a warrant issued under the Penalties and Sentences Act 1992 , section 33AC , is delivered into the custody of a police officer who is—

(i) the officer-in-charge of a police station or police establishment; or

(ii) a watch-house manager; and

(b) the person is not detained under the Police Powers and Responsibilities Act 2000 , chapter 15 , part 2 ; and

(c) a prescribed police officer is satisfied it is not practicable to bring the person before a court promptly; and

(d) the person is an adult.

(2) The prescribed police officer must investigate whether or not the person may be granted bail by the officer under this Act.

Notes—

1 See section 13 for when only particular courts may grant a person bail.

2 See section 16 for when the prescribed police officer must refuse to grant a person bail.

(3) If the prescribed police officer is satisfied the person may be granted bail by the officer under this Act, the officer must—

(a) grant bail to the person and release the person from custody; or

(b) issue and serve on the person a notice to appear and release the person from custody.

(4) A person granted bail and released in accordance with this section shall be released—

(a) pursuant to section 14 ; or

(b) on conditions for the person’s release made by the police officer pursuant to section 11 .

Note—

For the release of a person on bail subject to a special condition imposed under section 11 (2) requiring the person to surrender the person’s current passport, see section 11AA .

(5) If the prescribed police officer refuses to grant bail to a person under this section, the officer must write the officer’s reasons for the refusal—

(a) on the papers relating to the person; or

(b) on the warrant; or

(c) in a register or record of persons in custody.

(6) The keeping of the person in custody is not unlawful only because of a failure to comply with subsection (5) .

(7) A grant of bail to a person under this section, the issuing and serving on a person of a notice to appear and the person’s release from custody thereon discharges the duty of taking that person before a justice to be dealt with according to law.

(8) A court before which a person granted bail pursuant to this section appears may enlarge, vary or revoke bail so granted.

(9) In this section—

"notice to appear" see the Police Powers and Responsibilities Act 2000 , schedule 6 .

"officer-in-charge" , of a police station or police establishment, includes a police officer nominated by the officer-in-charge of the police station or police establishment as the officer-in-charge of the police station or police establishment during the officer-in-charge’s absence.

"prescribed police officer" , in relation to a person in custody, means—

(a) if the person is in custody at a police station or police establishment—the officer-in-charge of the police station or police establishment; or

(b) if the person is in custody at a watch-house—

(i) the watch-house manager; or

(ii) another police officer whose duties include performing functions at the watch-house in relation to persons in custody.