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When to Apply for Bail

In QLD, a person who has been arrested and charged with a criminal offense may be eligible for bail. Bail is a court order that allows a person to be released from custody while their criminal charges are pending.

Whether to go for bail or not depends on various factors, such as the nature & seriousness of the offense, the accused’s criminal history, and the likelihood of reoffending. It is essential to seek legal advice from a qualified lawyer who can assess your case and provide guidance on whether to apply for bail or not.

In general, a person may be more likely to be granted bail if they have strong ties to the community, such as employment, family, & property ownership, have a low risk of reoffending or fleeing. On the other hand, if the offense is considered serious, such as a violent crime, or if the accused has a history of violence, they may be deemed a high risk of reoffending and may be denied bail.

It is also important to note that if a person is granted bail, they must comply with certain conditions, such as reporting to a police station regularly, not contacting witnesses or victims, & not leaving the state or country without permission. Failure to comply with bail conditions may result in bail being revoked and the person being remanded in custody.

If bail is refused in Queensland, the accused will remain in custody until their case is heard and determined by the court. This means that they will be held in a correctional facility until the conclusion of their trial or sentence or until a bail application is successfully made at a later time.

If bail is refused, the accused has the right to make a further application for bail at a later stage, such as after new information becomes available or there is a change in circumstances. The accused can also appeal a decision to refuse bail to a higher court.

It is important to note that being remanded in custody can have significant consequences, such as losing employment, housing, and personal relationships. It is therefore crucial to have the assistance of a qualified lawyer who can provide legal advice and represent the accused in bail applications and court proceedings.

If bail is refused, the accused will be given a date for their trial or sentence, and they will remain in custody until their trial is concluded, or until bail is granted. The length of time that a person may spend in custody can vary depending on the complexity of the case and the court’s schedule, among other factors

In summary, whether to go for bail or not in QLD depends on the specific circumstances of the case. It is recommended to seek legal advice.