Queensland Consolidated Acts Queensland Consolidated Acts(1) A court or police officer authorised by this Act to grant bail shall consider the conditions for the release of a person on bail in the following sequence—
(a) the release of the person on the person's own undertaking without sureties and without deposit of money or other security;
(b) the release of the person on the person's own undertaking with a deposit of money or other security of stated value;
(c) the release of the person on the person's own undertaking with a surety or sureties of stated value;
(d) the release of the person on the person's own undertaking with a deposit of money or other security of stated value and a surety or sureties of stated value;
but shall not make the conditions for a grant of bail more onerous for the person than those that in the opinion of the court or police officer are necessary having regard to the nature of the offence, the circumstances of the defendant and the public interest.
(2) Where a court or a police officer authorised by this Act to grant bail considers that the imposition of special conditions is necessary to secure that a person—
(a) appears in accordance with the person's bail and surrenders into custody; or
(b) while released on bail does not—
(i) commit an offence; or
(ii) endanger the safety or welfare of members of the public; or
(iii) interfere with witnesses or otherwise obstruct the course of justice whether in relation to the person or another person;
that court or police officer shall impose such conditions as the court or police officer thinks fit for any or all of such purposes.
(3) Without limiting subsection (2), a special condition may prohibit a person from doing, or attempting to do, any of the following while the person is released on bail—
(a) entering or remaining in stated licensed premises or a stated class of licensed premises;
(b) entering or remaining in, during stated hours, a stated area that is designated by its distance from, or location in relation to, the stated licensed premises or stated class of licensed premises mentioned in a special condition imposed under paragraph (a);
Examples of special conditions for paragraph (b)—
a special condition that prohibits a person from entering or remaining in, between the hours of 10p.m. and 6a.m., an area that is within 10m of stated licensed premises mentioned in a special condition imposed under paragraph (a)
a special condition that prohibits a person from entering or remaining in, between the hours of 11p.m. and 5a.m., a stated street, or an area abutting several stated streets, that is located near stated licensed premises mentioned in a special condition imposed under paragraph (a)
• a special condition that prohibits a person from entering or remaining in, between the hours of 11p.m. and 5a.m., the drink safe precinct under the Liquor Act 1992 in which the stated licensed premises mentioned in a special condition imposed under paragraph (a) are located
(c) attending or remaining at a stated event, to be held in a public place, at which liquor will be sold for consumption.
(4) A court or a police officer authorised by this Act to grant bail for the release of a person must consider the imposition of a special condition mentioned in subsection (3) if—
(a) the alleged offence to which the bail relates involved the use, threatened use or attempted use of unlawful violence to another person or property; and
(b) having regard to the evidence available to the court or the police officer, the court or the police officer is satisfied that the alleged offence was committed in licensed premises or in a public place in the vicinity of licensed premises.
(5) Conditions imposed pursuant to subsection (2) shall not be more onerous for the person than those that in the opinion of the court or police officer are necessary having regard to the nature of the offence, the circumstances of the defendant and the public interest.
(6) If a court that grants bail on an adjournment of a hearing or while the defendant is awaiting trial considers an investigation ought to be made into the defendant's physical or mental condition, the bail may be made subject to a condition that the defendant undergo medical examination—
(a) by a doctor at a specified institution or place other than a high security unit under the Mental Health Act 2000; or
(b) by a specified doctor.
(7) However, bail may be made subject to a condition that the defendant undergo a medical examination only if the proposed examination is an examination the defendant could lawfully be required to undergo if the defendant remained in custody.
(8) If bail is subject to a condition mentioned in subsection (6), the court must arrange for a statement containing the following matters to be given to the institution, place or doctor—
(a) the reasons for the investigation;
(b) the information before the court about the defendant's physical or mental condition.
(9) Without limiting a court's power to impose a condition on bail under another provision of this section, a Magistrates Court may impose on the bail a condition that the defendant participate in a program prescribed under a regulation, after having regard to—
(a) the nature of the offence; and
(b) the circumstances of the defendant, including any benefit the defendant may derive by participating in the program; and
(c) the public interest.
Note—
A breach of a condition of an undertaking imposed under subsection (9) is not an offence under section 29. Section 30 sets out procedures for varying the defendant's bail if the condition is broken.