Bail Act 1980 (Qld)

Bail Act 1980

An Act to consolidate and amend the law relating to the release of defendants charged with offences and for incidental and other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Bail Act 1980.

3 [Repealed]

4 [Repealed]

5 [Repealed]

6 Definitions In this Act— adjourn includes postpone or reserve a question on a point of law. admit to bail includes grant bail. appeal includes an application for leave to appeal. approved form see section 36C. committal for trial includes a committal for sentence. Commonwealth control order means a control order as defined in the Criminal Code (Cwlth), section 100.1(1). community justice group means— (a) the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4, division 1, for the community of a defendant who is an Aboriginal or Torres Strait Islander person; or (b) a group of persons within the community of a defendant who is an Aboriginal or Torres Strait Islander person, other than a department of government, that is involved in the provision of any of the following— (i) information to a court about Aboriginal or Torres Strait Islander defendants; (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander defendants; (iii) other activities relating to local justice issues; or (c) a group of persons made up of elders or other respected persons of the defendant's community. conviction includes— (a) a finding of guilt; (b) a finding that a person is not guilty by reason of unsoundness of mind; (c) a conviction of an offence for which an order is made— (ii) requiring the person to perform unpaid community service; or (iii) discharging the person absolutely or conditionally. court includes— (a) a judge or justice, whether sitting in court or acting in another way; and (b) a court exercising appellate jurisdiction; and (c) a justice or justices conducting an examination of witnesses in relation to an indictable offence; and (d) a justice acting under section 15A or conducting a bail proceeding by using video link facilities or audio link facilities under the Justices Act 1886, part 6A. criminal proceeding includes a hearing, trial or appeal in relation to an offence. defendant means a person charged with or convicted of an offence and includes such a person who is a party to an appeal. defendant's community, in relation to a defendant who is an Aboriginal or Torres Strait Islander person, means the defendant's Aboriginal or Torres Strait Islander community, whether it is— (a) an urban community; or (b) a rural community; or (c) a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991. deputy director of public prosecutions means, where the charge out of which a prosecution arises is a charge for an offence against the laws of the Commonwealth, the deputy director of public prosecutions in Queensland. family relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 19. hearing means a proceeding before a court or judge or before any justice or justices dealing summarily with a charge of a simple offence or conducting an examination of witnesses in relation to an indictable offence or a proceeding wherein a person is to be sentenced and includes a proceeding wherein a person is charged with an offence on indictment whether or not the person has been called upon to plead to that indictment. informal care relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 20. judge includes a District Court judge. lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State. offence includes an alleged offence. police establishment means a police establishment under the Police Service Administration Act 1990. precincts, of a court, means any land or building, or the part of any land or building, used for the purposes of the court. prison includes any institution or place at which a child is detained pursuant to the Youth Justice Act 1992 and any other place where persons may be detained in lawful custody. proper officer, when used in relation to a court, means— (a) in the case of the Supreme Court or the District Court—the registrar or any sheriff or deputy sheriff; or (b) in the case of a Magistrates Court—the clerk of the court. simple offence means an offence (whether or not indictable) punishable on summary conviction before a Magistrates Court by fine, imprisonment or otherwise. SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999. surrender into custody, when used in relation to a defendant who is— (a) on bail; or (b) permitted to go at large without bail; means surrender into the custody of the court at the time and place for the time being appointed for the defendant to do so. terrorism offence means— (a) a terrorism offence under the Crimes Act 1914 (Cwlth); or (b) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth), sections 6 to 9; or (c) an offence against the Terrorism (Community Protection) Act 2003 (Vic), section 4B; or (d) an offence against the Crimes Act 1900 (NSW), section 310J; or (e) an offence against the Criminal Law Consolidation Act 1935 (SA), section 83CA; or (f) another offence against a provision of a law of the Commonwealth or another State if the provision— (i) is prescribed by regulation; and (ii) is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act. terrorist act see the Police Powers and Responsibilities Act 2000, section 211. trial means a proceeding wherein a person is charged with an offence on indictment and includes a proceeding wherein a person is to be sentenced. undertaking means a promise in writing with respect to bail signed by a defendant or by a defendant and the defendant's surety or sureties that the defendant will appear at a hearing or an adjourned hearing or upon the defendant's trial or an appeal and surrender into custody and comply with such other conditions as are imposed for the defendant's release on bail. vary, when used in relation to bail, means impose further conditions after bail is granted, alter, amend or rescind conditions or alter the amount of bail. watch-house manager means a watch-house manager under the Police Powers and Responsibilities Act 2000.