Queensland Bail Laws - Queensland Parliament
Queensland Bail LawsKelly-Anne CollinsLEGISLATION BULLETIN NO 1/00
QUEENSLAND BAIL LAWSRESEARCH BULLETIN NO 1/00KELLY-ANNE COLLINSQUEENSLAND PARLIAMENTARY LIBRARYResearch Publications and Resources SectionBRISBANEMarch 2000ISSN 1325-1341ISBN 0 7242 7866 4
Queensland Parliamentary Library, 2000Copyright protects this publication. Except for purposes permitted by the CopyrightAct 1968, reproduction by whatever means is prohibited, other than by Members ofthe Queensland Parliament in the course of their official duties, without the priorwritten permission of the Parliamentary Librarian, Queensland Parliamentary Library.Inquiries should be addressed to: Director, Research Publications & Resources,Queensland Parliamentary Library, Parliament House, George Street, Brisbane.Director: Ms Mary Seefried. (Tel: 3406 7116)Information about Research Publications can be found on the Internet h/index.htm
ABSTRACTThis paper aims to provide a survey of the current Queenslandbail laws, the issues that arise from them and summarise somerecommendations for reform made by the Queensland LawReform Commission in their 1993 Report and others. Anydecision regarding the granting of bail to a defendant raisesquestions fundamental to our justice system: a person’s right tothe presumption of innocence and to liberty and society’s rightto ensure that those charged with a criminal offence areappropriately detained and, if necessary, punished. It isthrough the use of the system of bail that this balance isgenerally maintained and, thus, its importance within the justicesystem is reinforced.
CONTENTS1.INTRODUCTION .12.CALLS FOR REFORM .13.PHILOSOPHY UNDERLYING THE GRANTING OF BAIL.24.OVERVIEW OF CURRENT BAIL PROVISIONS IN BAIL ACT 1980(QLD) .44.1 SUMMONS/NOTICE TO APPEAR PROCEDURE .55.RIGHT TO BAIL ?.65.1 QLRC RECOMMENDATIONS .86.THE DECISION TO GRANT/REFUSE BAIL .86.1 CURRENT LAW .86.2 ADDITIONAL FACTORS THAT COME INTO PLAY .106.3 THE LAW IN OTHER STATES .116.4 QLRC RECOMMENDATIONS .136.5 BAIL ASSESSMENT PROGRAMS .136.6 LIMITS ON REFUSAL OF BAIL .157.CONDITIONS THAT MAY BE ATTACHED TO A GRANT OF BAIL 167.1 CURRENT QUEENSLAND CONDITIONS .167.2 THE LAW IN OTHER STATES .167.3 QLRC RECOMMENDATIONS .177.4 CASH BAIL.187.4.1Financial Difficulties .197.5 ALTERNATIVES TO CUSTODY/REMAND .208.7.5.1Home Detention Orders .207.5.2Bail Hostels.22BAIL REVIEWS.238.1 AUTOMATIC REVIEW OF THE DEFENDANT’S SITUATION .23
9.8.2REVIEW FOLLOWING THE DEFENDANT’S CONVICTION AND/OR SENTENCINGBUT PRIOR TO THE HEARING OF AN APPEAL . 248.3DISTRICT COURT AS MAIN COURT OF REVIEW. 25BAIL ISSUES AND ABORIGINAL AND TORRES STRAIT ISLANDERPEOPLE. 2510. BAIL AND VICTIMS OF CRIME . 2611. BAIL AND DOMESTIC VIOLENCE . 2712. RIGHTS OF A DEFENDANT WHILE IN CUSTODY. 3013. BAIL AND SPECIAL CATEGORIES OF DEFENDANTS. 3213.1 WOMEN . 3213.2 YOUNG OFFENDERS . 3213.3 BAIL AND PERSONS WITH DISABILITIES . 3514. CONCLUSION. 35BIBLIOGRAPHY . 36
Queensland Bail LawsPage 11. INTRODUCTIONOn 1 February 2000, the Premier, Hon Peter Beattie MLA, announced that thegovernment intended to make changes to police powers to arrest people who havebeen released on bail. He stated that this was “a further demonstration of [his]Government being tough on crime and tough on the causes of crime”.1 Thisstatement by the Premier indicates how important bail issues are to thecommunity’s concern regarding the effectiveness of the criminal justice system.This paper aims to provide a survey of the current Queensland bail laws and theissues that arise from them, and to summarise some recommendations for reformmade by the Queensland Law Reform Commission in their 1993 Report and others.Any decision regarding the granting of bail to a defendant raises questionsfundamental to our justice system: a person’s right to the presumption ofinnocence and to liberty and society’s right to ensure that those charged with acriminal offence are appropriately detained and, if necessary, punished. It isthrough the use of the system of bail that this balance is generally maintained and,thus, its importance within the justice system is reinforced.2. CALLS FOR REFORMComplaints have been voiced in the community regarding the effectiveness of theBail Act 1980 (Qld). These calls have been particularly strong from victims ofcrime and their advocates. For example, the Queensland Victims of CrimeAssociation have in the past argued that the “law is skewed towards the rights ofthe accused [and that] community safety is a low priority”.2 The Associationhas, in the past, argued that it should be made tougher for accused criminals to getbail where they are accused of violent crimes.3However, other commentators have disagreed with this assessment arguing thatthey believed “the [Bail] Act put a heavy onus on people charged with violent crimeto prove they would not re-offend while on bail”.4 In addition, in January 1998, theCriminal Justice Commission (CJC) released a Status of Recommendations Reporton their Reports on Aboriginal Witnesses and Police Watchhouses. In that Status1Hon Peter Beattie MLA, Premier of Queensland, ‘Police Powers Bill to give police greaterarrest powers’, Ministerial Media Statements 26 January 2000 to 1 February 2000, 1 February2000, pp 15-16.2Ian Davies in Kara Lawrence, ‘Victims fear bailed thugs’, Sunday Mail, 19 July 1998, p 3.3Davies in Lawrence, p 3.4Terry O’Gorman in Lawrence, p 3.
Page 2Queensland Bail LawsReport, the CJC reiterated their earlier remarks that they continued to believe thatthe Bail Act 1980 (Qld) provisions were in need of reform. They stated that in theirinitial report they had found conditions in police watchhouses “were belowacceptable standards. Poor conditions were exacerbated by overcrowding andlengthy stays by prisoners awaiting placement in a prison”.5In response to these calls for reform, it is important to note that the new BrisbaneCity Watchhouse was recently completed. It has been designed to hold 200prisoners in “secure and dignified” surroundings and that the cells have beenespecially designed to be:secure, comfortable and suicide-proof. The new watchhouse will include three courtrooms and 67 cells, ranging from bulk holding cells for up to 15 people to singleperson cells. The operators will be provided with closed-circuit televisionsurveillance, access control systems, uninterruptible power supplies and strictlycontrolled public access.63. PHILOSOPHY UNDERLYING THE GRANTING OF BAILWhen it was conducting its review of Queensland Bail laws, the Queensland LawReform Commission (QLRC) was guided by four principles it considered asimportant elements when determining the structure and framework of the bailsystem. These were the need to ensure the:(a) maintenance of the presumption of innocence;(b) protection of the public from harmful behaviour;(c) protection of people from “unlawful or unnecessary deprivation of liberty”;and(d) effective “administration of the criminal justice system requiring thatpeople accused of an offence are tried and (if appropriate) punished”.7The granting of bail allows a defendant who has been charged with a criminaloffence to be released from custody until he or she stands trial. Underlying theavailability of bail is that, until a person has been tried and convicted by a court,5Criminal Justice Commission, Reports on Aboriginal Witnesses and Police Watchhouses:Status of Recommendations, Brisbane, November 1997, http://www.cjc.qld.gov.au, p 25.6Hon R Schwarten MLA, Minister for Public Works and Housing, ‘Police get fingertip controlof watchhouse security’, Ministerial Media Statements 24 November to 30 November 1999,24 November 1999, p 56-58 and Bob Wilson, ‘Watch out for this project’, The Courier Mail,27 August 1999, p 37.7Queensland Law Reform Commission, The Bail Act 1980: Report No 43, Brisbane, June 1993,p 2. This report was the culmination of an extensive process to examine reform possibilities tothe Bail Act 1980 (Qld). The final report was preceded by a Discussion Paper in March 1991and a Working Paper in February 1993.
Queensland Bail LawsPage 3they are presumed to be innocent unless the prosecution proves otherwise beyond areasonable doubt. Thus, a grant of bail, allowing the defendant to go free until theirtrial, respects that defendant’s right to liberty as a free individual. However, inorder for a determination to be made regarding a defendant’s guilt, the defendantmust be available to stand trial and allow the prosecution to make their case.Hence, the criminal justice system needs to ensure that the defendant will beavailable and, often, the only way to ensure this is to hold a defendant in custodyuntil they can stand trial. It is also necessary to ensure that, if the defendant isguilty of the offence, they can be punished accordingly. This requires that thedefendant can be brought before a court to have that punishment determined.If a defendant has been accused of a criminal offence, there is a need to be able tobring that defendant before the court to have the matter heard: to ensure a just andfair trial for the defendant. However, if the defendant has not been convicted ofany offence, to hold the defendant in custody could be seen as an unjust deprivationof their liberty. The preparing of their case also becomes more difficult. They havelimited access to their legal representative and limited time to prepare for their trial.The defendant is separated from their support network and, consequently, theirresolve to put up their best defence may weaken. In addition, where an adultdefendant is not granted bail, they are remanded into custody and can be kept in thepolice watchhouses, lockups and prisons until their trial.8 This stay on remand maybe lengthy, loosening the defendant’s ties with his/her family, community andemployment and further weakening their resolve. It is especially important thatthese ties are maintained because they become considerations in the sentencingprocess, where “the greater a defendant’s individual and communityresponsibilities, the greater the pressure on judicial officers not to impose a jailsentence”.9 Therefore, the bail process is designed to ensure that a balance betweenthe rights of the individual and the efficacy of the criminal justice system isachieved.However, in recent times, the desire to protect the community, and to acknowledgethe effect of crime on the victim, has become a significant issue in determining thequestion of granting a defendant bail. This desire is particularly focused onensuring that a defendant does not commit a further offence while on bail orinterfere with any potential witnesses or victims. For a victim, especially where thecrime was of a violent nature, the release of a defendant on bail can be a traumaticevent. They may fear retribution or intimidation from the defendant and that thesystem has failed to consider their plight while respecting the rights of the8Queensland Law Reform Commission, To bail or not to bail – a review of Queensland’s baillaw: Discussion Paper No 35, Brisbane, March 1991, p 1.9QLRC, The Bail Act 1980: Report No 43, p 4.
Page 4Queensland Bail Lawsdefendant.10 These are additional matters that are necessary to consider whendeveloping any reform in this area.4. OVERVIEW OF CURRENT BAIL PROVISIONS IN BAIL ACT1980 (QLD)The issue of granting bail to the defendant arises once a defendant has been takeninto police custody to be charged with an offence. Depending on the seriousness ofthe offence, the police may grant the defendant bail if they are satisfied that, givenall the factors to be considered, the defendant is suitable to be released fromcustody to await their court appearance (Section 7). Only the officer in charge ofthe watchhouse, where the defendant is being held, is permitted to make thisdetermination. While the defendant is not entitled to be granted bail by police, therelevant officer is required to consider whether or not the defendant can be releasedon bail.11 In addition, the police are permitted to grant bail to a defendant where itis not practicable for them to bring that person before a court within 24 hours afterfirst being taken into custody. Therefore, where practicable, unless the defendant isreleased by police, the defendant must be brought before a court to have thedecision regarding their bail determined within 24 hours of their being taken intocustody. During this period of time, the defendant can be held in a police lock upor the local watchhouse depending on where there are facilities for them.Section 8 gives to every Queensland court a power to grant bail to any personappearing before it. Section 9 states that a defendant shall be granted bail, prior tobeing convicted of the offence with which they are charged, subject to theprovisions of this Act. These include section 16 which sets out the criteria bywhich a Queensland court can make the decision that the defendant should berefused bail. Then if bail is granted, it may be made subject to certain conditions.For example, all grants of bail are made subject to the defendant undertaking toappear before a court at a specified date and time (Section 20). Where a defendantfails to comply with that undertaking, they are liable to being found guilty of anoffence (Section 33). A defendant may be apprehended, without a warrant, by any10Queensland Law Reform Commission, To bail or not to bail, p 1.11QLRC, The Bail Act 1980: Report No 43, p 5.
Queensland Bail LawsPage 5police officer who has reasonable grounds for belief that the defendant is likely tobreak, is breaking or has broken, any condition of their bail (Section 29(1)).12The defendant is then brought before a court and is required “to show cause” “thenand there” why they should not be convicted under this Act (Section 33). Bail mayalso be revoked or varied in such a case (Section 30).4.1SUMMONS/NOTICE TO APPEAR PROCEDUREA preliminary comment to make in this paper on options for reform to theQueensland Bail Act 1980 (Qld) is that the question of granting bail only ariseswhere a defendant is arrested, charged with an offence and taken into custody.Alternative procedures are provided by the summons process and by the issuing of‘Notices to Appear’ to a defendant. Under these processes, the police take adefendant’s details and then send them a notice to appear in court at a later date or acourt can issue a summons stating likewise.13 Police would only make use of thisprocess where they could be sure of the defendant’s details and that the defendantwould appear at court when summoned to do so.14In 1993, the Criminal Justice Commission recommended that a scheme providingan alternative to the traditional arrest and bail process be introduced intoQueensland. They suggested the adoption of a scheme similar to that in use inNSW where police were “empowered to issue Field Court Attendance Notices forprescribed offences”.15 The current ‘Notice to Appear’ provisions adopted inresponse to this recommendation are generally similar to those operating in NSWexcept that, in Queensland, these notices can be used for dealing with defendantscharged with any offence.1612Also Police Powers and Responsibilities Act 1997 (Qld), section 35; Section 29(2) provides:“A defendant (other than a defendant who is a child within the meaning of the Juvenile JusticeAct 1992) who breaks any condition (other than the condition that the defendant surrender intocustody) of the undertaking on which the defendant was granted bail requiring the defendant’sappearance before a court commits an offence against this Act”.13See Police Powers and Responsibilities Act 1997 (Qld), Part 7, Division 2 and E Colvin, SLinden and L Bunney, Criminal Law in Queensland and Western Australia (2nd ed),Butterworths, Sydney, 1998, pp 534-535.14QLRC, To bail or not to bail – a review of Queensland’s bail law: Discussion Paper No 35,p 34.15Criminal Justice Commission, Police Powers in Queensland: Notices to Appear, ResearchPaper Series, Vol 5, No 2, Brisbane, May 1999, p 3.16CJC, Police Powers in Queensland, p 3.
Page 6Queensland Bail LawsIf the defendant does not appear under these alternative processes, a warrant can beissued for their arrest. However, it is not an offence to fail to appear. The arrestand bail procedure, therefore, provides an additional coercive power to ensure thedefendant’s compliance, especially where the offence is a serious one.17 However,if the offence is serious, it is likely that the defendant would be arrested, chargedand brought into custody. Therefore, as the QLRC pointed out in 1991, guidelinesshould be developed with respect to where a defendant should be processed bysummons/notices to appear or arrested as, currently, the decision is at the discretionof the officers involved.185. RIGHT TO BAIL ?Generally in Queensland, there is a presumption in favour of granting bail to adefendant.19 That is, that the defendant be granted bail, unless after a considerationof certain relevant matters, the bail officer considers that it should be refused. Thispresumption is outlined as “a duty” on the judicial officer to grant bail. However,bail must be refused, unless the defendant can show cause otherwise, where thedefendant is charged with certain offences, such as:(a) any indictable offence while on bail awaiting trial;(b) any offence for which only the Supreme Court can grant bail;(c) any indictable offence which is alleged to have invo
through the use of the system of bail that this balance is generally maintained and, thus, its importance within the justice system is reinforced. 2. CALLS FOR REFORM Complaints have been voiced in the community regarding the effectiveness of the Bail Act 1980 (Qld). These calls have been particularly strong from victims of crime and their .
305130 BELL, BRECHANNA CHRISTINE Bail Bond Agent Active 8304023 BELL, NICOLE JUDITH Bail Bond Agent Active 8070932 BELL, TIMOTHY LYNN Bail Bond Agent Active 407161 BELCHER, NAKIA LYNN Bail Bond Agent Active 305422 BEAZLEY, HERBERT HENRY Bail Bond Agent Active 8290470
violates a condition of their bail, the court can declare the bail bond forfeited."7 Commercial surety bail: A system in which defendants have the option to contract with a bail bonds agency, paying a percentage (eight to ten percent in California) of their bail amount to a bail bonds agency to secure their pretrial release from jail.8
16-84-108 Bonds not void for want of form 8 16-84-109 Irregularity of bail bond or recognizance 9 16-84-110 Bail before conviction 9 . 16-84-207 Action on bail bonds in circuit courts 14 16-85-101 Right to Attorney, physician, and phone calls 15 16-90-105 Verdict of guilty 16 16-94-216 Bail 16 .
which have Bail Acts still expressly mention the right in the Act. Thus, the Barbados Bail Act provides at section 4(1) 4(1) Subject to this Act, a defendant shall be entitled to bail. (2) Where bail is granted, the conditions of bail shall be reasonable.
344185 COMPTON, RORY EUGENE Bail Bond Agent 303316 CONKLIN, TYRONE LEE General Bail Bond Agent 8043913 CONLEY, TODD MICHAEL Bail Bond Agent 8067833 CONWAY, KENNY WAYNE Bail Bond Agent 8043027 COOK, RICHARD EDWARD Bail Bond Agent 8046957 COOK, BRANDON LI Surety Recovery 303940 COOMBS, MATTHEW GRANT Bail Bond Agent .
Revised 3/22 Bail Bonds and Cash Bails 2 . Reference: Detention Policies and Procedures Manual, Section Q.41, Processing Bail Bonds; Related Sections, Q.47, Negotiable Paper in Lieu of Cash for Payment of Bail/Fines. The Who's in Jail? website is the primary source of custody information utilized by all bail agencies and their representatives.
North County Division Bail Bond Ledger POSTED CASE # BOND # BOND COMPANY AMOUNT EXONERATED FORFEITED 07/01/21 CN426791-2 527400901-7 All-Pro Bail Bonds P.O. Box 1792 Gilroy, CA 95021 . 07/05/21 2021-BB-000864 King Stahlman Bail Bonds Inc. Vista Bail Bonds/A&A Bail Bonds 3959 30th St. Ste.102 01/13/2210,000.00
If bail is set, a defendant typically has the following options: 1. Cash bond: the defendant posts the full bail amount. 2. Commercial bond: a defendant can pay a nonrefundable fee (typically 10 percent of the bail amount or collateral) to a private bail bond agent, who will post bail and assume liability if the defendant fails to appear. 3.
