Last updated 4 July 2016
When a person has been arrested for certain non-indictable offences (e.g. a minor or street offence resulting in a charge that will not be tried before a judge and jury), cash bail may be granted by a prescribed police officer (s 14 Bail Act 1980 (Qld) (Bail Act)). This option is available where the defendant cannot be taken promptly before a Magistrates Court. It does not apply to certain offences listed in the schedule to the Act, which include drink driving (s 79 Transport Operations (Road Use Management) Act 1995 (Qld)) and certain offences under the Racing Act 2002 (Qld). In these circumstances, the defendant must deposit money as security for the court appearance, and the police officer will give the defendant a notice in the prescribed forms (Forms 2 and 3) advising of the time, date and place of the next appearance. On being granted this type of bail, the person pays the amount of money required and is released immediately. As no written undertaking is required of the defendant if cash bail is granted, the sole consequence of failing to appear is the forfeiting of the deposited cash. There is no criminal conviction recorded against that person’s name.
It is also possible for the Magistrates Court to grant cash bail to a defendant for certain non-indictable offences (s 14A Bail Act).