How to apply for bail in Qld?
In Queensland, bail allows a person charged with a criminal offence to remain in the community while their case proceeds, provided they promise to attend court and obey any conditions. It can be refused if the court finds an unacceptable risk that the person might not appear, commit another offence, endanger others, or interfere with justice under the Bail Act 1980 (Qld).
What is bail in Queensland?
Bail allows a person charged with a criminal offence to remain in the community while awaiting their next court date. It is a written promise (an ‘undertaking’) to appear in court and comply with any conditions set by the court or police. The law governing bail in Queensland is the Bail Act 1980 (Qld).
A court has the power to grant, refuse, enlarge, or revoke bail at any stage of proceedings. Bail may be considered:
at a person’s first appearance,
during committal proceedings,
after conviction but before sentence, or
while an appeal is pending.
When can bail be refused in Queensland?
Bail must be refused if any of the grounds under s 16(1) of the Bail Act 1980 (Qld) exist, specifically, if there is an unacceptable risk that the defendant would:
fail to appear in court,
commit an offence while on bail,
endanger the safety or welfare of another person,
interfere with witnesses or obstruct justice, or
require custody for their own protection.
The court also must refuse bail if the accused has been convicted of a terrorism offence or is subject to a Commonwealth control order unless exceptional circumstances exist (s 16A Bail Act 1980 (Qld).
Courts consider multiple factors under s 16(2) when assessing ‘unacceptable risk,’ including:
the seriousness of the offence,
the strength of the evidence,
the defendant’s character, history, and community ties, and
any prior breaches of bail.
In Keys v Director of Public Prosecutions (Qld) [2009] QCA 220, the Court of Appeal emphasised that the length of pre-trial detention and the strength of the Crown case are important factors when deciding whether bail should be granted.
What is a ‘show cause’ position?
In some serious cases, the presumption of bail is reversed. Under s 16(3) of the Bail Act 1980 (Qld), an adult must be refused bail unless they can show cause why their detention is not justified. This applies, for example, if a person is charged with:
murder or another offence carrying mandatory life imprisonment,
an indictable offence allegedly committed while already on bail for another indictable offence,
choking, suffocation, or strangulation (s 315A Criminal Code 1899 (Qld),
certain domestic violence offences, or
using or threatening to use a weapon.
Being in a ‘show cause’ position does not mean bail is impossible. It means the defendant carries the onus to demonstrate why detention is not necessary. The court must still assess all s 16(1) risk factors (Re Bloomfield [2014] QSC 115).
How to make a bail application in Queensland
A bail application can be made in the Magistrates Court, District Court, or Supreme Court, depending on the seriousness of the charge. Section 15 of the Bail Act 1980 (Qld) sets out the procedure.
Preparing the application
Our Brisbane criminal lawyers have extensive experience in successfully applying for bail. The process generally involves:
Obtaining material such as the QP9 (police summary), charge sheets, and any objection to bail affidavit.
Taking full instructions from the client about their background, residence, employment, and ability to comply with conditions.
Confirming whether the prosecution opposes bail and, if so, on what grounds.
If police object to bail, they must file an affidavit outlining their concerns. In Re Singh, Miller and Brush [2022] QSC 44, the Court stressed that police affidavits must be objective and accurate, as they are often relied upon in deciding bail.
Appearing in court
At the bail hearing:
The prosecution outlines its position.
The defence addresses the court on risk factors, sureties, and any proposed conditions.
The magistrate or judge decides whether to grant bail and on what terms.
If bail is refused, a further application may be made to the Supreme Court or later if there is a material change in circumstances, such as new evidence, a surety becoming available, or a more stable address.
What are the conditions of bail?
Under s 11 of the Bail Act 1980 (Qld), bail conditions must not be more onerous than necessary, having regard to the nature of the offence, the defendant’s circumstances, and the public interest.
Common bail conditions include:
Reporting to a police station at set times,
Residential requirements (living at a specific address),
No contact with the complainant or witnesses,
Curfew or travel restrictions,
Surrender of passport or prohibition on applying for one, and
Abstinence from alcohol or drugs or participation in a rehabilitation program.
Courts can also impose a condition that a defendant wear a monitoring device, though the existence of such a condition cannot be used to argue that there is no ‘unacceptable risk’ (Barbaro v DPP (Qld) [2022] QCA 145).
Bail during criminal proceedings
If a defendant is on watchhouse bail, no new bail application is needed at their first appearance unless the existing conditions are too strict. Where conditions are unnecessarily onerous, an application can be made to vary them.
During committal proceedings, fresh bail must usually be entered unless the defendant is already on Supreme Court bail that covers the committal. Bail undertakings after committal must contain the conditions in s 20(3A) of the Bail Act 1980 (Qld).
For defendants appealing a conviction or sentence, bail pending appeal may be granted only in exceptional circumstances. This is usually where there are good prospects on appeal and a risk that the person would serve an unfair portion of their sentence before the appeal is heard (Ex parte Maher (1986) 1 Qd R 303).
What happens if bail is refused?
If bail is refused in the Magistrates or District Court, an application can be made to the Supreme Court under s 10 and s 19B of the Bail Act 1980 (Qld). The Supreme Court can review the lower court’s decision and consider new material.
A further bail application can also be made before the same court if circumstances materially change—for example, where the prosecution case weakens or new supporting evidence becomes available.
When bail may be granted on strict conditions
Courts often address risk concerns by imposing conditions such as:
daily or weekly reporting,
residence with a responsible person or surety,
non-contact with the complainant,
curfew compliance, or
participation in counselling or rehabilitation.
If the defendant is considered a risk to themselves, the court may order mental-health treatment as part of the bail undertaking.
Key takeaways
Bail decisions in Queensland turn on whether there is an unacceptable risk and, in some cases, whether the defendant can show cause why custody is not justified. Each case depends on its facts, the strength of the evidence, and the defendant’s personal circumstances.
If you or someone you know has been refused bail or needs help applying, call (07) 3012 6531 to speak directly with a senior criminal defence lawyer at Ashworth Lawyers.
Early advice can significantly improve your chances of release and help structure conditions acceptable to the court.
Frequently asked questions about bail in Queensland
Can bail be refused for any offence?
Yes. Bail can be refused for any offence if the court finds an unacceptable risk under s 16(1) of the Bail Act 1980 (Qld).
What does ‘show cause’ mean in bail?
It means the usual presumption in favour of bail is reversed, and the defendant must prove detention is not justified.
Can I apply again if my bail is refused?
Yes. A further application can be made to the Supreme Court or if there is a material change in circumstances.
What happens if I breach bail?
Breaching bail is an offence under s 29 of the Bail Act 1980 (Qld) and may lead to arrest and refusal of further bail.
Where can I get urgent legal advice for extortion charges in Qld?
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📞 Speak to a leading Brisbane Criminal Lawyers on (07) 3012 6531 for a confidential discussion about your case. 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 on our website is general in nature and does not constitute legal advice. Please contact our criminal law team for specific advice about your case.
Last updated October 2025.