Queensland Consolidated Acts

BAIL ACT 1980 - SECT 8

8 Power of court as to bail

(1) A court, subject to this Act—

(a) may grant bail to a person held in custody on a charge of or in connection with an offence if—

(i) the person is awaiting a criminal proceeding to be held by that court in relation to that offence; or

(ia) the court is a Magistrates Court and the person is awaiting an appeal under the Justices Act 1886 , section 222 to be held in the District Court; or

(ii) the court has adjourned the criminal proceeding; or

(iii) the court has committed or remanded the person in the course of or in connection with a criminal proceeding to be held by that court or another court in relation to that offence; and

(b) may enlarge, vary or revoke bail so granted.

Notes—

1 If the court is a Magistrates Court, see the Justices Act 1886 , part 6A , for provisions about the use of video link facilities or audio link facilities for proceedings, including bail proceedings.

2 The provisions about the sexual assault counselling privilege in the Evidence Act 1977 , part 2 , division 2A apply in relation to bail proceedings.

(2) A person in custody on a charge of or in connection with an offence who is not granted bail or released under section 11A must, unless the person has been sentenced for that offence, be remanded in custody.

(3) Save where this Act or any other Act otherwise provides, an enlargement of bail may, if the court thinks fit, be granted in the absence of the defendant.

(4) A person to whom bail is granted shall not be released from custody while the person is, for any other cause, being lawfully held in custody.

(5) The powers of the Court of Appeal with respect to bail may be exercised by a judge of the Supreme Court in the same manner as they may be exercised by the Court of Appeal, but, if the judge refuses an application with respect to bail, the person making the application may apply to the Court of Appeal and that court shall hear and determine the application.