Last updated 29 August 2019
The conditions that may be imposed upon a person who has been granted bail are contained in s 11 of the Bail Act 1980 (Qld) (Bail Act). The conditions imposed are not to be more onerous for the person granted bail than are necessary, having regard to the nature of the offence, the circumstances of the defendant and the public interest (s 11(1)).
The most frequent bail conditions include:
- reporting conditions, which require the defendant to report to a police station on certain days during specified hours
- conditions designed to prevent any contact between a defendant and the complainant (the alleged victim) or witnesses
- financial conditions, where the defendant may be required to deposit money or other security, or to find a surety or sureties who agree to forfeit a sum of money should the defendant fail to comply with the bail undertaking
- residential conditions, requiring the defendant to reside at a particular address or with a certain person
- curfews (for young offenders), which means they will not be permitted to be out after a certain time
- condition of non-consumption of alcohol or drugs
- condition of attendance at alcohol or drug rehabilitation programs, or participation in a program prescribed by the Bail (Prescribed Programs) Regulation 2006 (Qld).
The court may impose a bail condition that the defendant is fitted with a tracking device (s 11(9B) Bail Act). A tracking device is a device that is worn to allow police to monitor the geographic location of the defendant (s 11(10) Bail Act). The court may make additional orders to facilitate the operation of a tracking device such as keeping it in good working order (s 11(9C) Bail Act).
A tracking device will be fitted if the courts determine a need to accurately ascertain a person’s whereabouts at any given time. In assessing whether there is an unacceptable risk of specific events, a court cannot consider the benefits of imposing a tracking device. These events include failing to appear, committing an offence, endangering the welfare of another, interfering with a witness or harming oneself while on bail.