How to apply for bail in Qld
When you are arrested and charged in Queensland, the first question is usually whether you can be released on bail. The court process can take months or even years, so obtaining bail allows you to remain in the community while your matter proceeds through the courts.
What is bail in Queensland
Under the Bail Act 1980 (Qld), bail is a legal process that allows you to be released from custody on certain conditions until your court matter is finalised. When bail is granted, you enter into an undertaking to appear in court when required. The court or police may also impose conditions such as:
Reporting to a police station
Living at a particular address
Surrendering your passport
Having no contact with the complainant or witnesses
In some cases, you may need a surety, which is someone who promises to pay a nominated amount if you fail to appear.
Bail is particularly important in serious cases such as rape, grievous bodily harm, drug offences, extortion, arson, and money laundering, as these matters often take many months or even years to finalise in court.
Bail recognises that every person is presumed innocent until proven guilty, but it balances that right with the need to protect the community and ensure you attend court.
Who can grant bail
Police and courts both have power to grant bail under section 8 of the Bail Act 1980 (Qld).
Watch-house bail: Police may grant bail shortly after arrest. This means you can be released without waiting to appear before a magistrate.
Magistrates Court: If bail is not granted by police, you will appear before a magistrate, usually the same day or the next morning.
Supreme Court: If the Magistrates Court refuses bail, you may apply to the Supreme Court, but this process can take a few weeks to prepare the supporting material and obtain a court listing for the bail hearing.
Only the Supreme Court can grant bail for the most serious offences such as murder or repeat serious child sex offences, where the law requires you to show cause as to why detention is not justified.
What factors does the court consider when deciding bail
Under section 16 of the Bail Act 1980 (Qld), the court must grant bail unless it is satisfied there is an unacceptable risk that you would:
Fail to appear in court
Commit another offence
Endanger the safety or welfare of a victim or the community
Interfere with witnesses or obstruct justice
To assess this risk, the court looks at:
The seriousness of the charge
The strength of the evidence
Your personal history, employment, and community ties
Any prior failures to appear
Your criminal history, if any
Any risk of further domestic violence, if relevant
As Justice Thomas observed in Williamson v Director of Public Prosecutions [2001] 1 Qd R 99, “No grant of bail is risk free. The grant of bail, however, is an important process in civilised societies which reject any general right of the executive to imprison a citizen upon mere allegation or without trial.”
What does “show cause” mean
For some serious offences, you must show cause why you should not be kept in custody. These include:
Murder and repeat serious child sex offences
Domestic violence related offences punishable by seven or more years imprisonment
Offending while already on bail
In these cases, the usual presumption in favour of bail does not apply. Our criminal defence lawyers will need to prepare arguments for you to persuade the court why detention is not justified.
How to improve your chances of getting bail
Preparation is critical. Our criminal lawyers will take the following steps to improve your prospects:
Offer bail conditions such as daily reporting, curfews, or non-contact orders
Provide affidavits of support from family or friends confirming stable housing and employment
Address personal hardship such as loss of employment or caring responsibilities if you remain in custody
Offer a surety, which is a financial guarantee by a family member or friend. Sums typically range from $10,000 to $20,000 depending on the case
Highlight weaknesses in the prosecution case or show that the alleged evidence is not strong enough to justify detention
Because bail hearings often occur quickly, it is essential to engage a criminal defence lawyer who can prepare persuasive submissions and present them effectively without compromising your future defence.
How long does a bail application take
If police do not grant bail, your matter will usually be listed in the Magistrates Court the same day or the next morning. Supreme Court applications take longer, usually one to two weeks to prepare and secure a hearing date. During that time, you will remain in custody, usually at the Arthur Gorrie Correctional Centre in Wacol.
Applications may also be heard by audio or video link under section 15A of the Bail Act 1980 (Qld) and section 23EC of the Justices Act 1886 (Qld).
Why early legal advice is crucial
Bail in Queensland is technical and discretionary. Small details such as how conditions are worded or which submissions are made can determine whether you are released or remain in custody.
Our Brisbane criminal defence lawyers regularly appear in the Magistrates, District, and Supreme Courts for bail applications involving serious and complex offences. With over a decade of experience and more than 1,000 clients defended, we know how to prepare and argue your application effectively.
📞 Call (07) 3012 6531 now for strategic advice or fill in our Quick Enquiry form to arrange a free confidential call with our leading Brisbane criminal lawyers.
Frequently asked questions about bail in Queensland
Can I get bail if I have prior offences?
It depends on your circumstances. The court will consider your criminal history, previous compliance with bail, and the seriousness of the current charge. A history of breaching bail does not automatically prevent release, but it makes it essential to present strong supporting evidence, such as stable employment, family support, and strict bail conditions to address any perceived risk.
What happens if I breach bail in Qld?
If you breach your bail conditions, you can be arrested and charged with a separate offence under the Bail Act 1980 (Qld). The court may revoke your bail, meaning you will be held in custody until your matter is finalised. Any surety provided may also be forfeited to the court.
Can bail be changed or reviewed?
Yes. Our lawyers can apply to vary bail conditions if circumstances change, such as gaining employment, moving address, or needing to adjust reporting requirements.
If bail is refused in the Magistrates Court, our lawyers can apply to the Supreme Court to review the decision.
A fresh bail application can also be made if there is a material change in circumstances, such as new evidence, delays in the proceedings, changes in health or family situation, or the availability of a surety or stable accommodation.
Is it possible to get bail while facing a domestic violence offence?
Yes, but the court must consider any risk of further violence. Strong legal submissions, verified accommodation, and strict no-contact conditions are often required.
Choosing the best bail lawyer in Qld
Our criminal defence lawyers appear daily in Brisbane and Queensland courts for serious criminal offences. We are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025