BREACH BAIL QLD

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Understanding Bail in Queensland

Bail is the temporary release of a person charged with a criminal offence in Queensland, pending their court appearance. The purpose of bail in Queensland, governed by the Bail Act 1980, ensures the defendant attends court. However, this freedom comes with conditions, and violating these conditions is a serious offence. Understanding bail conditions is crucial to avoid a breach of bail. 

What Constitutes a Breach of Bail in Queensland?

Section 29 of the Bail Act 1980 clearly states that a defendant must not break any condition of their undertaking. This undertaking is a written promise you sign when released on bail. A breach of bail in Queensland occurs when you fail to adhere to any of these bail conditions. Limited exceptions exist, such as surrendering into custody as required.

Penalties for Breaching Bail

The penalty for a breach of bail can be severe. Under the Bail Act 1980, you could face a maximum penalty of 40 penalty units or 2 years imprisonment. Furthermore, a bail breach can lead to:

• Arrest: You may be arrested without a warrant.
• Imprisonment: A custodial sentence is possible.
• Cancellation of Bail: Your bail could be revoked, meaning you’ll be held in custody until your trial.
• Loss of Surety: If a surety was provided, they may forfeit the pledged money or property.
• Difficulty Obtaining Future Bail: A prior breach makes it harder to be granted bail again.

4. Common Bail Conditions in Queensland

Bail conditions are tailored to each case, but common examples include:

• Prohibition from entering licensed premises.
• Restriction from contacting specific individuals.
• Surrender of passport.
• Requirement to undergo Drug and Alcohol Assessment Referral courses.
• Mandatory participation in rehabilitation programs.
• Requirement to wear a tracking device.
• Imposition of a curfew.

Procedure Following a Suspected Bail Breach

Under section 28 of the Bail Act 1980, if the court believes you have breached a bail condition, it can issue a warrant for your arrest. You will then be brought before a court, which has the option to revoke your bail, remand you in custody, or release you on the original or varied undertaking.