Last updated 29 August 2019
As stated above, the Supreme Court always has the general power to entertain applications to grant, enlarge, vary or revoke bail in any circumstance, whether or not the person has already appeared before the Supreme Court. Note that the entitlement to apply for bail is limited once an application has been made and refused. A fresh application can only be brought if the applicant demonstrates that there has been a change in facts or circumstances since bail was previously granted or refused.
To apply for bail in the Supreme Court, a number of forms must be completed. These are:
- an application for bail
- an affidavit in support of the application (a signed written statement that is sworn under oath) with any exhibits such as supporting letters attached to it with exhibit markings
- a draft order for bail.
At the time of the court appearance, applicants for bail should only talk about their application for bail and not try to argue whether they are guilty or not guilty of the charges against them. Applicants should try to address any concerns raised by the Crown about granting bail in their case. Applicants cannot be examined or cross-examined by the court or any other person about the offence itself at the bail application (s 15(1)(b) Bail Act 1980 (Qld)).
Legal Aid Queensland and the Prisoners’ Legal Service have produced a Bail by Mail self-help kit, which provides a guide to applying for bail or varying bail and completing bail forms.