“Queensland Statute Reprints” QUT Digital Collections

(1)

Warning

“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

(2)

QUEENSLAND

BAIL REGULATIONS 1989

WITH

AN INDEX

(Compiled to 1 April 1990)

This reprint has been prepared under the Authority of the Parliamentary Counsel's Office

BY AUTHORITY

S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1990

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BAIL REGULATIONS 1989

ANALYSIS OF CONTENTS

1. Short Title 2. Commencement 3. Repeal

4. Forms SCHEDULE

(4)

QUEENSLAND

BAIL REGULATIONS 1989

[Reprinted as at 1 April, 1990]

[Regulations published Gazette 11 November 1989, pp. 1819-1848.]

Department of Justice, Brisbane, 9th November, 1989 HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Bail Act 1980-1989, has been pleased to make the following Regulations.

IAN HENDERSON

1. Short Title. These Regulations may be cited as the Bail Regulations 1989.

2. Commencement. These Regulations shall commence on the fourth day of December, 1989.

3. Repeal. The Bail Regulations 1980 are repealed.

4. Forms. (1) The forms set forth in the Schedule hereto shall be used for the purposes for which they are respectively applicable.

(2) A form prescribed by these Regulations shall be completed in accordance with such directions as they are specified in the prescribed form.

(3) The following forms shall be used for the purposes set out against them, respectively:-

Form I-Statement of reasons for investigation into physical or mental condition of defendant.

Form 2-Particulars of person granted bail by deposit of money.

Form 3-Notice to person granted bail by deposit of money.

Form 4-Notice of time and place of adjourned hearing of

offence. where defendant does not appear personally in

accordance with his bail.

(5)

2 reg.4 BAIL REGULATIONS 1989 reg. 4

Form 5-Notice to person granted bail by deposit of money or permitted to go at large without bail.

Form

6-Duplicat~ ~ertifi.cate

of bail.

Form 7-Undertaking as to bail.

Form 8-Notice to defendant and surety or sureties of undertaking as to bail.

Form 9-Undertaking as to bail following committal for trial or for sentence.

Form IO-Undertaking as to bail following grant of bail by Judge of Supreme or District Court or Court of Criminal Appeal.

Form II-Affidavit of Justification.

Form 12-Warrant to apprehend defendant where surety gives false information.

Form I3-Application by surety for discharge from liability with respect to undertaking.

Form

14-Warrant~.to

apprehend defendant on application by surety for discharge from liability with respect to undertaking as to bail.

Form I5-Warrant to apprehend defendant who has not appeared in accordance with undertaking.

Form 16-Warrant to apprehend defendant for failure to surrender into custody.

Form 17-Warrant of committal where bail has been revoked.

Form I8-Application for revocation or variation of bail and notice to surety.

Form 19-Warrant to apprehend defendant on application for revocation or variation of bail.

Form 20-Warrant to apprehend defendant on application for revocation or variation of bail.

Form 21-Application by defendant for variation or rescission of order forfeiting deposit of money or other security .and notice to complainant or Director of Prosecutions or Deputy Director of Public Prosecutions.

Form 22-Warrant committing a defendant who has failed to

appear in accordance with his undertaking.

(6)

Sch. f.t BAIL REGULATIONS 1989

SCHEDULE

Form 1 QUEENSLAND Bail Act 1980(S. 11 (3»

Bail Regulations 1989

Sch. f.1 3

STATEMENT OF REASONS FOR INVESTIGATION INTO PHYSICAL OR MENTAL CONDITION OF DEFENDANT

Court:

Place:

Defendant:

Address:

Date of Birth:

Offence:

To: (Name and address of institution, place or medical practitioner)

The abovenamed defendant has been released on bail conditioned for his appearance at:-

Name of Court:

Date of Sittings or Hearing:

*Time:

The Court is of the opinion that an investigation ought tobemade into his physical or mental condition and it is a condition of bail that the defendant undergo medical examination by-

* a medical practitioner at(name of institution or place);

• (name of medical practitioner).

The reasons for the investigation and such information as is before the Court about the physical or mental condition of the defendant are:-

Signed Title··

/ /19 .

* Deleteifinapplicable.

** Insert Judge, 8M, JP or proper officer as applicable.

(7)

4 Sch. f.2 BAIL REGULATIONS 1989

Sch. f.2

PARTICULARS OF PERSON GRANTED BAIL BY DEPOSIT OF MONEY Name:

Address:

Occupation:

The abovenamed having been charged with the following offence-(state brief particulars)

has now been granted bail and released from custody on his making a deposit of the sum of $ as security for his appearance before a Court or Justice as follows:- Date:

Time:

Place: in the State of Queensland

Signature of Member of Police Force:

*

Police Station at:

*

Watch-house at:

* Lock-up at:

Date: / /19 .

*

Delete whichever is inapplicable.

(8)

Sch. f.3 BAIL REGVLATIONS 1989

Form 3 QUEENSLAND Bail Act 1980(S. 14(2»

Sch. f.3 5

NOTICE TO PERSON GRANTED BAIL BY DEPOSIT OF MONEY To: Name

Address:

Occupation:

Take notice you have been charged with the following offence- (state brief particulars)

and have now been granted bail and released from custody on your making a deposit of the sum of $ as security for your appearance before a Court or Justice as follows:-

Date:

Time:

Place: in the State of Queensland

Signature of Member of Police Force:

*

Police Station at:

*

Watch-house at:

*

Lock-up at:

Date: / /19 .

*

Delete whichever is inapplicable

(9)

Form 4 QUEENSLAND Bail Act 1980 (S. 14(9), S.14A(7»

Sch. f.4

NOTICE OF TIME AND PLACE OF ADJOURNED HEARING OF OFFENCE WHERE DEFENDANT DOES NOT APPEAR PERSONALLY IN ACCORDANCE

WITH HIS BAIL Magistrates Court

Place:

Defendant:

Offence·:

Date ofhearing:

Whereas you failed to appear at the above hearing in accordance with your bail but your counselor solicitor applied for an adjournment of the hearing and the court or justice granted the adjournment.

You are hereby notified that the time and place determined for the hearing is at the Magistrates Court as follows:-

Place:

Date:

Time:

Signed

Clerk of the Court / /19 .

To:

• State brief particulars.

(10)

Sch. f.5 BAIL REGULATIONS 1989 Form 5

QUEENSLAND Bail Act 1980(S. 14A(2»

Scb. f.5 7

NOTICE TO PERSON GRANTED BAIL BY DEPOSIT OF MONEY OR PERMITTED TO GO AT LARGE WITHOUT BAIL

Magistrates Court Place:

Defendant:

Address:

Date of Birth:

Occupation:

Take notice you have been charged with the following offence:

t

(state briefparticulars)

*

and you have now been granted bail on your making a deposit of the sum of

$ as security that you will surrender Into custody

*

and the court has permitted you to go at large without bail on the condition that you willsurrender into custody

before a Magistrates Court at Place:

Date:

Time:

Signed

Clerk of the Court / /19 .

To:

t

State brief particulars

Delete whichever is inapplicable

(11)

8 8ch. f.S BAIL REGULATIONS 1989 CERTIFICATE OF SERVICE BY POST

Sch. f.S

I, of

do certify that the within notice was served by posting such notice to the person to whom it is addressed at his address last known to me.

Date of posting:

Place of posting:

Address to which posted:

(Signature) / /19 .

CERTIFICATE OF PERSONAL SERVICE I,

of

do certify that the within notice was served on the person to whom it is addressed by delivering the notice to him personally.

Date of service:

Address where served:

(Signature) / /19 .

(12)

Sch. f.6

Court:

Place:

Defendant:

Date ofBirth:

Offence:

BAIL REGULATIONS 1989

Form 6 QUEENSLAND Bail Act 1980(8. 22) Bail Regulations 1989

DUPLICATE CERTIFICATE OF BAIL

Sch. f.6 9

* Remand

Whereas a Warrant of

*

Committal was issued against the said defendant on the

* Commitment

day of , 19

And whereas a certificate as to bail was endorsed on papers or the above warrant.

And whereas the said defendant is detained in the prison at

and it is not convenient for the :

~~rres

to attend the prison to sign the undertaking as to bail.

I certify that the following is a duplicate of the certificate endorsed on the papers or warrant:-

Signed Title:**

/ /19 .

* Delete whichever is in~plicable.

** Insert title of proper officer.

(13)

Form 7 QUEENSLAND Bail Act 1980 (8.20) Bail Regulations 1989 UNDERTAKING AS TO BAIL Particulars of Defendant and Conditions of Bail

Sch. f.7

Defendant:

Residential Address:

Date of Birth:

Occupation:

*

Deposit:

*

Other Security:

**

Offence:

The conditions of bail are that the defendant shall:

(a) Appear and surrender into custody at Time:

Date:

Place:

(b) Not depart from the court, unless bail is enlarged, and, as often as bail is enlarged, return to the Court and surrender into custody

(c)

***

Undertaking of Defendant

I enter into this undertaking as to bail and acknowledge receipt of a notice in Form 8 setting forth the nature and extent of my obligations under the conditions of my bail and the consequences ofmyfailure to comply with these conditions.

Signature of Defendant I have satisfied myself that the defendant understood the nature and extent of his obligations under the conditions of bail and the consequences of failure to comply with them.

Undertaking entered into on / /19 at in the State of Queensland before me.

Signature:

tTitle:

Undertaking ofSurety First Surety:

Address:

The amount of $ Second Surety:

Address:

The amount of $

I enter into this undertaking as to bail and acknowledge receipt of a notice in Form 8 setting forth the nature and extent of the obligations of the defendant under the conditions of bail and the consequences of the defendant's failure to comply with those conditions. I further acknowledge that I may be liable to Her Majesty for the amount specified above if this undertaking is forfeited.

ttl

the first surety named above agree to the enlargement of this undertaking without any further consent by me upon any adjournments of the proceedings against the defendant as are from time to time directed.

(14)

Sch. f.7 BAIL REGULATIONS 1989 Sch. f.7 11

ttl

the second surety named above agree to the enlargement of this undertaking without any further consent by me upon any adjournments of the proceedings against the defendant as are from time to time directed.

Signature of First Surety Signature of Second Surety I have satisfied myself that the *surety/*sureties understood the nature and extent of the obligations of the defendant under the conditions of bail and the consequences of the defendant's failure to comply with them.

Undertaking(s) entered into on / /19 at inthe State ofQueensland before me

Signature:

tTitle:

* Delete if inapplicable.

*.

State brief particulars.

*••

Insert any other condition imposed.

t

Insert J.P. or such other person authorised by section 20 (6).

tt

Delete if not acceptable to Surety.

(15)

Form 8 Queensland Bail Act 1980(S. 20) Bail Regulations 1989

Sch. f.8

NOTICE TO DEFENDANT AND SURETY OR SURETIES OF UNDERTAKING AS TO BAIL

1. A defendant who fails to appear in accordance with his undertaking without reasonable cause therefore or who breaks any other condition of the undertaking commits an offence and is liable to a penalty of 40 penalty units· or imprisonment for 2 years.

2. Where a court is satisfied that a defendant has failed to appear before the court in accordance with his undertaking and surrender into custody the court may declare that the undertaking be forfeited. If forfeiture is declared, you may be required to pay the sum of money for which you are boundbythe undertaking.

3. Where a deposit of money or other security is made by the defendant and/or the surety or sureties as a condition of bail and the undertaking has been declared to be forfeIted because of the failure of the person released to appear in accordance with his undertaking, the deposit or other security may become forfeIted and paid to Her Majesty.

4. A surety may make application to the court at any time before a condition of the undertaking is broken by the defendant, or the defendant is apprehended pursuant to Section 29 of the Bail Act for discharge of his liability with respect to the undertaking.

5. If a surety believes that the defendant is likely to break the condition for his appearance and for that reason wishes to be relieved of his obligations and notifies a member of the police force in writing to that effect, that member of the police force may apprehend the defendant without a warrant.

Signature of person before whom undertaking is given

*

Penalty units are determined under the Penalty Units Act. As at 1st July, 1989 one penalty unit equals $60.00.

(16)

Sch. f.9 BAIL REGULATIONS 1989

Form 9 Queensland Bail Act 1980 (S. 20) Bail Regulations 1989

Sch. f.9 13

UNDERTAKING AS TO BAIL FOLLOWING COMMITTAL FOR TRIAL OR FOR SENTENCE

Particulars of Defendant and Conditions of Bail Defendant:

*Address for Service of Notices:

Date of birth:

Occupation:

**Deposit:

**Other Security:

***Offence:

IMPORTANT EXPLANATORY NOTES

The notice referred to in paragraph 1 below may take the form of a written notice sent to your address for service whereupon it is deemed to have been given to you.

Therefore, it is your responsibility to make arrangements to ensure that any notice sent to that address is brought to your attention promptly.

Paragraph 1 below refers to the "commencement date" of the sittings of the court.

You are not required to appear, or be represented by your counselor solicitor, before the court on that date unless you have, or your solicitor has, been given a notice by or on behalf of the Director of Prosecutions or the Deputy Director of Public Prosecutions specifying that date as the date on which you are, or your counselor solicitor is, required to attend the court.

You must not assume that, if a notice has not been ~ven t.o you before the

"commencement date" of the sittings by or on behalf of the DIrector of Prosecutions or the Deputy Director of Public Prosecutions, no notice will be given. The sittings may last a number of weeks and the notice may be given after the commencement date of the sittings.

I, the abovenamed defendant, upon being granted bail acknowledge receipt of a notice in Form 8 setting forth the nature and extent of my obligations under the conditions of my bail and the consequences of my failure to comply with them and I undertake as follows:

1. I shall appear, or be represented by my counselor solicitor, before the

Court at during the sittings of that Court the commencement date of which is in accordance with any notice I may receive given by or on behalf of the Director of Prosecutions or the Deputy Director of Public Prosecutions advising me of the date and the time when and the place where an indictment will be presented against me.

2. If the notice states that it is intended to ask the court to proceed with the trial at the time stated in the notice I shall surrender into custody at the time and the place stated in the notice and I shall not depart from the court unless my bail is enlarged.

3. Upon the presentation of an indictment against me I shall obey the directions of the court, whether given to me personally or to my counselor solicitor, with respect to any further appearance by me and, if I am directed to appear personally, I shall surrender into custody and not depart from the court unless my bail is enlarged.

(17)

14 Sch. f.9 BAIL REGULATIONS 1989 Sch. f.9 4. I shall notify forthwith the Director of Prosecutions in writing addressed to him at G.P.O. Box 2403, Brisbane, Qld, 4001 (or by facsimile message sent to number (07) 2200035)of any change of my address for servIce of notices or residential address other than the change that arises if I surrender into custody.

5. I shall also t

Signature / /19

Certificate of Person Before Whom Undertaking is Made

I have satisfied myself that the defendant understood the nature and extent of his obligations under the conditions of bail and the consequences of failure to comply with them.

Undertaking entered into on / /19 at in the State

of Queensland before me

Signature ttTitle Undertaking of Surety

First Surety:

Address:

The amount of $

ttt I the first surety named above agree to the enlargement of this undertaking without any further consent by me upon any adjournments of the proceedings against the defendant as are from time to time directed.

ttt I the second surety named above agree to the enlargement of this undertaking without any further consent by me upon any adjournments of the proceedings against the defendant as are from time to time directed.

Signature of First Surety Signature of Second Surety I have satisfied myself that the **surety/**sureties understood the nature and extent of the obligations of the defendant under the conditions of bail and the consequences of the defendant's failure to comply with them.

Undertaking(s) entered into on / /19 at in the State of Queensland before me

Signature ttTitle

*

This address must be an address located within 25 kilometres of the court before which defendant is required to appear

**

Delete ifinapplicable

***

t Insert any other condition imposed.

tt

Insert J.P. or such other person authorised by section 20 (6).

ttt Delete if not acceptable to Surety

(18)

Sch. f.l0 BAIL REGULATIONS 1989

Form 10 QUEENSLAND Bail Act 1980(S. 20) Bail Regulations 1989

Sch. f.l0 15

UNDERTAKING AS TO BAIL FOLLOWING GRANT OF BAIL BY JUDGE OF SUPREME OR DISTRICT COURT OR COURT OF CRIMINAL APPEAL

Particulars of Defendant and Conditions of Bail Defendant:

*Address for Service of Notices:

Occupation:

**Deposit:

**Other Security:

***Offence:

I, the abovenamed defendant upon being granted bail, acknowledge receipt of a notice in Form 8 setting forth the nature and extent of my obligations under the conditions of my bail and the consequences of my failure to comply with them, and I undertake as follows:-

1. I shall appear before the Court at

**during the sittings of that Court to commence on **at

am/pm on , 19

2. I shall obey the directions of the court, whether given to me' personally or to my counselor solicitor, with respect to any further appearance by me and, ifI am directed to appear personally, I shall surrender Into custody and not depart from the court unless my bail is enlarged.

3. I shall notify forthwith the Director of Prosecutions in writing addressed to him at G.P.O. Box 2403, Brisbane, Qld 4001 (or by facsimile message sent to number (07) 22 00035) of any change ofm): address for service of notices or residential address other than the change that arises IfI surrender into custody.

4. I shall also t

Signature / /19 Certificate of Person Before Whom Undertaking Is Made

I have satisfied myself that the defendant understood the nature and extent of his obligations under the conditions of bail and the consequences of failure to comply with them.

Undertaking entered into on / /19 at in the State

of [the]* Queensland before me:

Signature:

ttTitle:

* Sic

(19)

16 Sch. f.l0 BAIL REGULATIONS 1989 Undertaking of Surety

Sch. f.l0

First Surety:

Address:

The amount of $

tttl the first surety named above agree to the enlargement of this undertaking without any further consent by me upon any adjournments of the proceedings against the defendant as are from time to time directed.

tttl the second surety named above agree to the enlargement of this undertaking without any further consent by me upon any adjournments of the proceedings against the defendant as are from time to time directed.

Signature of First Surety Signature of Second Surety I have satisfied myself that the **suretY/**sureties understood the nature and extent of the obligations of the defendant under the conditions of bail and the consequences of the defendant's failure to comply with them.

Undertaking(s) entered into on

1 119

at in the State of Queensland before me

Signature ttTitle

* This address must be an address located within 25 kilometres of the court before which defendant is required to appear

** Delete if inapplicable

*** State brief particulars t Insert other conditions

tt Insert J.P. or such other person authorised by section 20 (6) ttt Delete if not acceptable to surety

(20)

Sch. f.ll BAIL REGULATIONS 1989 Form 11

QUEENSLAND Bail Act 1980(S.21(4»

Sch. f.ll 17

AFFIDAVIT OF JUSTIFICATION

I, (surname) (christian names) of in the State of Queensland make oath and say as follows:-

1. That I offer myself as surety for (name ofdefendant) who has been charged with the offence of:

2. That my occupation is

3. That I reside at the above address and have resided there for the past years.

4. That I am a person who has attained the age of18years.

5. That my real estate consists of *

6. That my real estate is not encumbered except by **

7. That my personal property consists of ***

8. That the total of my just debts and liabilities amounts to$

9. That I am worth not less than the amount of bail in real or personal property.

10. That I am aware that I become bound, upon forfeiture of the undertaking entered into, to pay to Her Majesty the amount of $ . The forfeiture of this sum would not be ruinous or injurious to myself or my family.

11. I have not been indemnified as to bail, that is to say that the person to be bailed or any other person has not agreed to make good a loss which I may suffer in consequence of any act or default on the part of the person to be bailed. .

12. That I am not a party to an undertaking as to bail in any other criminal proceedings****.

13. That I have never been convicted in Queensland of an indictable offence or elsewhere than in Queensland in respect of an act or omission that if done or made by me in Queensland would have constituted an indictable offence.

14. That I am not detained in a hospital, as a patient or otherwise, for treatment for mental illness pursuant to the Mental Health Services Act 1974-1988 nor am I a protected person within the meaning of the Public Trustee Act 1978-1988.

15. That I am not an insolvent under administration.

16. That I have not been, nor am I likely to be, charged with the same offence or with another offence as a consequence of the commission of the offence with which the defendant has been charged.

17. That my proximity to the defendant (whether by kinship, place of residence or otherwise) is as follows:-

TAKEN AND SWORN before me at

this day of 19

(Signature of Surety)

in the State of Queensland Justice of the Peace Details of any property or document produced and returned to surety:

*

Insert address and description of land and details of improvements.

** If encumbered state nature of encumbrances and give value of equity.

*** If money on deposit give name and address of bank etc.

**** To be suitably altered if necessary.

(21)

Form 12 QUEENSLAND Bail Act 1980(S. 21(7))

Sch. f.12

WARRANT TO APPREHEND A DEFENDANT WHERE SURETY GIVES FALSE INFORMATION

Toall Police Officers in the State of Queensland Court:

Place:

Defendant:

Address:

Date of Birth:

Offence

t:

WHEREAS on the day of ,19 ,the defendant and

of , as surety entered into an undertaking as to bail conditioned for the appearance of the said defendant before the Court at

, tt

on the day of ,19

*

which undertaking

was enlarged to the

ttt

day of , 19

AND WHEREAS it having been made toap~arto this court that the said surety has sworn an affidavit of justification that is false In a material particular, namely

t

the bail has been revoked.

You the said Police Officers are therefore ordered to apprehend the said defendant and bring him before the Court.

Given undermyhand at Place:

Date:

Judge, S.M. or J.P.

t

tt

Insert "at the sittings commencing" if applicable.

ttt

Insert "sittings commencing on the" if applicable.

*

Delete if inapplicable.

(22)

Sch.I.13 BAIL REGULATIONS 1989

Form 13 QUEENSLAND Bail Act 1980 (S. 23) Bail Regulations 1989

Sch. f.13 19

19

APPLICATION BY SURETY FOR DISCHARGE FROM LIABILITY WITH RESPECT TO UNDERTAKING

To Court:

Place:

Defendant:

Offence

t:

On the day of , 19

I, (full name of surety) of (address) entered into an undertaking as to bail in the sum of $ conditioned for the appearance of the said defendant before

the Court at

tt

on the day of , 19

*

which undertaking was enlarged to the

ttt

^{day of}

I hereby make application to be discharged from my liability with respect to the undertaking.

Signature of Surety

/ /19 .

t

State brief particulars of offence.

tt

ttl

(23)

20 Sch. f.14 BAIL REGULATIONS 1989 Sch. f.14

WARRANT TO .APPREHEND DEFENDANT ON APPLICATION BY SURETY FOR DISCHARGE FROM LIABILITY WITH RESPECT TO UNDERTAKING AS TO BAIL

To all Police Officers in the State of Queensland and to the General Manager of a prison.

Particulars of undertaking as to bail- Court:

Place:

Date to Appear:

Defendant:

Address:

Date of Birth:

Offence:

Surety:

Address:

Date undertaking entered into by surety:

On application made by the abovenamed surety, the court ordered that the said surety be discharged from hability with respect to the undertaking and that the said defendantbe apprehended a.nd committed to a prison.

You the said Police Officers are therefore ordered to apprehend the said defendant and convey him to a prison.

I FURTHER COMMAND YOU, the General Manager of the prison, to keep the said defendant until such time as

(a) a further surety or other security is furnished; or

(b) the said defendant is bound by a condition of his undertaking to appear before the Court specified in his undertaking, in which case you, the said General Manager shall cause the said defendant to so appear before the above Court in accordance with that condition^$

Given under my hand at Place:

Date:

Judge, S.M. or J.P.

(24)

Scb.l.lS BAIL REGULATIONS 1989

Form 15 QUEENSLAND Bail Act 1980(S. 28) Bail Regulations 1989

Sch. f.lS 21

WARRANT TO APPREHEND DEFENDANT WHO HAS NOT APPEARED IN ACCORDANCE WITH UNDERTAKING

To all Police Officers in the State of Queensland Court:

Place:

Defendant:

Address:

Date of Birth:

Offence

t:

WHEREAS on the day of ,19 the defendant entered into an undertaking as to bail conditioned for the appearance of the said defendant before the

Court at ,

tt

on the day

of , 1 9 , * or in accordance with any notice given pursuant to Section27 * which undertaking was enlarged to the

ttt

^{day of}

19 °

AND WHEREAS an application made to the said court by **that the said

d ^.i:'. d *has broken dO ° f h d ki

elen ant *is likely to break a con ltlon ⁰ t e un erta ng

AND WHEREAS the said court is satisfied that the

defendant:fsafi~:~k~g

^break

a condition of the undertaking in that ***

You the said Police Officers are therefore ordered to apprehend the said defendant

*M ^°

cause him to be brought before a

*

~fck:~:s Court to be dealt with according to law.

GIVEN under my hand at Place:

Date:

Judge

t

tt

Insert "at the sittings commencing" if applicable

ttt

Insert "sittings commencing on the" if applicable

* Delete if inapplicable

** Insert Director of Prosecutions, Deputy Director of Public Prosecutions or (name of person) a person authorised by such Director or Deputy Director in writing in that behalf

*** Insert condition or conditions broken or likely to be broken.

(25)

Form 16 QUEENSLAND Bail Act 1980 (S. 28A)

Sch. f.16

WARRANT TO APPREHEND DEFENDANT FOR FAILURE TO SURRENDER INTO CUSTODY

To all Police Officers in the State of Queensland.

Court:

Place:

Defendant:

Address:

Date of Birth:

Offence

t:

Whereas the defendant was

* released on bail on his entering into an undertaking

* released on bail on making a deposit of money pursuant to section *14 of the

Bail Act *14A

* permitted to go at large without bail

by the said court and was required to appear and surrender into custody of the

* Magistrates C

*

Children's ourt at Place:

Date:

Time:

And whereas the defendant failed to appear and surrender into custody.

You, the said Police Officers, are therefore ordered to apprehend the said defendant

*M .

and cause him to be brought before a

*

_chfI~r:~~: Court to be dealt with according to law.

Date:

S.M., J.P.

t

* Delete if inapplicable

(26)

Form 17 QUEENSLAND Bail Act 1980(S. 29A)

Sch. f.17 23

WARRANT OF COMMITTAL WHERE BAIL HAS BEEN REVOKED To all Police Officers in the State of Queensland and to the General Manager of a prison.

Court:

Place:

Defendant:

Address:

Date of Birth:

Offence:

Whereas the court having been satisfied that the defendant

:rsa

^s

blfr~l:

^to

break

a condition of the undertaking entered into by him on the day of 19 the bail has been revoked.

You the said Police Officers are therefore ordered to convey the said defendant to a prison and deliver the said defendant together with this warrant to the General Manager thereof:

You the said General Manager are commanded to receive the said defendant and keep him in your custody and cause him to surrender himself into the custody

of the

t

^{Court at} ^on

Date:

S.M., J.P.

*

Delete if inapplicable

t

Insert name of court.

(27)

24 Sch.l.18 BAIL REGULATIONS 1989 Sch.l.18 Form 18

QUEENSLAND Bail Act 1980(S. 30) Bail Regulations 1989

APPLICATION FOR REVOCATION OR VARIATION OF BAIL AND NOTICE TO SURETY

Part I Application Court:

Place:

Defendant:

Offence:

Applicant:

Address:

WHEREAS on the day of ,19 an

undertaking as to bail was entered into by the abovenamed defendant

* with a deposit of money in the sum of$

* with a deposit of security to the value of$

* and by (name offirst surety) of

in the sum of$ *and of (name ofsecond surety) in the

f $ *surety ..

sum 0 as *sureties condItIoned for the appearance of the said defendant

before the Court at ,

t

on the

day of , 19

* which undertaking was enlarged to the

tt

day of

,19 ,

* and further conditioned that **

I hereby make application for the bail granted to be varied or revoked. The grounds for my applIcation are as follows:-

Dated at this day of , 19

(Applicant) Part II Notice to Defendant and Surety

You are advised that the above application has been made and the hearing of such application will take place as follows:-

Place:

Date:

Time:

You are entitled to appear at the hearing and give evidence:

ttt

(Applicant) / /19

tttt

To:

** Insert further conditions, if any.

(28)

Sch. f.I8 BAIL REGULATIONS 1989 Sch. f.18 25

t

tt

ttt

If the notice is given under sectio'n 30 (3) (a) insert.

"If the defendant fails to surrender into custody in accordance \vith this notice, a warrant may issue for his apprehension."

tttt

Insert name and address for service of defendant or as notified under Section 20 and name and place of residence of surety.

(29)

Form 19 QUEENSLAND Bail Act 1980 (8. 30 (3»

Sch. f.19

WARRANT TO APPREHEND DEFENDANT ON APPLICATION FOR REVOCATION OR VARIATION OF BAIL

Place:

Defendant:

Address:

Date of Birth:

Offence:

Whereas on the day of 19 the said

defendant *and (name of surety or sureties) entered into an undertaking as to bail conditioned for the appearance of the defendant before the Court

at ,** on the day of

19

*in accordance with a notice given pursuant to Section 27 of the Bail Act

*which undertaking was enlarged to the *** day of 19 and further conditioned that (insert further conditions,

if

any)

And whereas application has been made to the Court at by (name of applicant) that the bail granted be varied or revoked on the grounds that:t

and bring him before the Court a1 to show

cause why his bail should notbe varied or revoked.

Date:

Judge, S.M. or J.P.

** Insert "at the sittings commencing" if applicable.

*** Insert "sittings commencing on the" if applicable.

t

Insert grounds in accordance with s. 30 (2)(b).

(30)

Sch. f.20 27

WARRANT TO APPREHEND DEFENDANT ON APPLICATION FOR REVOCATION OR VARIATION OF BAIL

Place:

Defendant:

Address:

Date of Birth:

Offence:

Whereas on the day of 19 the said

defendant *and (name of surety or sureties) entered into an undertaking as to bail conditioned for the appearance of the defendant before the Court

at ,** on the day of

19

*in accordancewitha notice given pursuant to Section 27 of the Bail Act

·which undertaking was enlarged to the *** day of 19 and further conditioned that (insert further conditions, ifany)

And whereas application has been made to the Court at by (name and title of applicant) that the bail grantedbe varied or revoked.

And whereas notice of the application and the date, time and place for the hearing having been given to the said defendant, the said defendant has failed to appear and surrender into custody.

and bring him before the Court at to show

cause why his bail should not be varied or revoked.

Date:

Judge, S.M. or J.P.

*

** Insert "at the sittings commencing" if applicable.

*** Insert "sittings commencing on the" if applicable.

(31)

28 Sch. f.21 BAIL REGULATIONS 1989 Sch. f.21

Form 21 QUEENSLAND Bail Act 1980 (S. 32 (2»

APPLICATION BY DEFENDANT FOR VARIATION OR RESCISSION OF ORDER FORFEITING DEPOSIT OF MONEY OR OTHER SECURITY AND NOTICE TO COMPLAINANT OR DIRECTOR OF PROSECUTIONS OR DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS

Please Read Important Notes On Back Before Completing Form Part I-APPLICATION

Particulars of undertakingas to bail

Court: Place:

Date to Appear:

Defendant: Address:

Date of Birth: Offence:

An undertaking as to bail in respect of the above offence was entered into by me on

the day of ,19 , at in the State

of Queensland.

Name of surety/sureties(in full):

Particulars of order made by the Court on forfeiture of Undertaking

My undertaking as to bail was declared forfeited and an order was made by the- Court Supreme

District Magistrates

Place : Date of Order:

Details of Order :

I hereby make application for a variation or rescission of the order.

My reasons for this application are:-

Here state briefly and concisely the grounds on which application is made:

*

Signature of Defendant: Date: / /19 .

(32)

Scb. f.21 BAIL REGULATIONS 1989 Sch. f.21 29 Part II-NOTICE TO COMPLAINANT OR DIRECTOR OF PROSECUTIONS OR DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS

Take Notice that the hearing of the above application will take place as under:- Court:

Place:

Date:

Time:

Signature of Defendant Date: / /19 .

To:

t

*

Include particulars of the circumstances relied upon

t

Insert address of complainant or Director of Prosecutions or Deputy Director of Public Prosecutions

Important Note for Applicant 1. (a) This application must becompleted in triplicate.

(b) This application must be made:-

(i) where the order was made by the Supreme Court or a District Court, to a Judge of the court that made the order; or

(ii) where the order was made by a Magistrates Court, to a Stipendiary Magistrate.

(c) The Original application is to be lodged with the proper officer, i.e.

(i) in the case of a Supreme Court or a District Court, the Registrar, or (ii) in the case of a Magistrates Court, the Clerk of the Court.

2. When the date for hearing your application is determined you must:- (a) Note Part 2 of the duplicate and triplicate copies accordingly; and (b) Arrange service of the duplicate copy on:-

(i) the complainant, or

(ii) where the undertaking was entered into following presentment of an indictment, on the Director of Prosecutions or Deputy Director of Public Prosecutions

at least 14 days before the date fixed for the hearing.

(Notwithstanding paragraph 2 (b) the application may, with the consent of the parties, be heard on a date earlier than a date at least 14 days after service.)

3. Following service of the duplicate copy, the certificate of service on the triplicate copy is to be completed and the triplicate copy lodged with the proper officer of the Court.

(33)

30 Sch. f.21 BAIL REGULATIONS 1989 Certificate of ServicebyPost

Sch. f.21

I, of

do certify that the within notice was served by posting such notice to the person to whom it is addressed at his address last known to me.

Date of posting:

Place of posting:

Address to which posted:

(Signature) / /19 . Certificate of Personal Service

I, of

do certify that the within notice was served on the person to whom it is addressed by delivering the notice to him personally.

Date of service:

Address where served:

(Signature) / /19 .

(34)

Sch. f.22 BAIL REGULATIONS 1989 Form 22

QUEENSLAND Bail Act 1980 (S. 33B) Bail Regulations 1989

Sch. f.22 31

WARRANT COMMITTING A DEFENDANT WHO HAS FAILED TO APPEAR IN ACCORDANCE WITH HIS UNDERTAKING

To all Police Officers in the State of Queensland and to the General Manager of a prison.

Court:

Place:

Defendant:

Address:

Date of Birth:

Offence:

WHEREAS on the day of , 19 ,the said defendant

entered into an undertaking as to bail conditioned for the appearance of the said defendant before the • Court at

AND WHEREAS the said defendant failed to appear before the court and surrender into custody in accordance with his undertaking.

AND WHEREAS the said defendant has this day appeared before the •

Court at .

AND WHEREAS the said defendant was not dealt with under section 33A of the Bail Act and the Court has ordered that the said defendant be committed to be dealt with according to law by the *

Court at before which the said defendant failed to appear in accordance with his undertaking as aforesaid.

You the said Police Officers are therefore ordered forthwith to convey the said defendant to the prison at

in the said State, or other prison which is more accessible or convenient and there to deliver him to the General Manager together with this warrant, and you the said General Manager are hereby commanded to receive the said defendant into your custody and there safely keep the said defendant until the day of , 19 ,or such earlier day as may be lawfully ordered in that behalf when you are hereby commanded to have the said defendant at the *

Court at in the said State at o'clock in the

forenoon to be further dealt with according to law.

[Give]* under my hand at Place:

Date:

S.M., J.P.

• Insert name of court

*

Sic

BY AUTHORITY

109263 (tiu303}-4/90

(35)

INDEX

TO THE

BAIL REGULATIONS 1989

A

Page

Affidavit-

of justification ..

B

Sch.f. II 17

Bail-

application for revocation or variation of, and notice to surety ..

by deposit of moneys- notice to person granted

notice to person granted, or permitted to go at large without bail

particulars of person granted

duplicate certificate of .. . .

notice of time and place of adjourned hearing of offence where defendant does not appear personally in accordance with ..

notice to defendant and surety or sureties of undertaking as to ..

undertaking as to ..

undertaking as to, following committal for trial or for

sentence ..

undertaking as to, following grant of bail by Judge of Supreme or District Court or Court of Criminal Appeal warrant committing a defendant who has failed to appear in

accordance with his undertakingre ..

warrant of committal where revocation of

warrant to apprehend defendant on application by surety for discharge from liability with respect to undertaking

as to .. ..

warrant to apprehend defendant on application for revocation or variation of ..

Bail Regulations 1980- repeal of ..

c

Commencement of regulations "

Sch.f. 18 24

Sch.f. 3

Sch.f. 5 7

Sch.f. 2 4

Sch.f. 6 9

Sch.f. 4 ₆

Sch.f. 8 ₁₂

Sch.f. 7 ₁₀

Sch.f. 9 13

Sch.f. 10 15

Sch.f. 22 31

Sch.f. 17 23

Sch.f. 14 20

Sch.ff. 19, 20 .. 26,27

reg. 3

2 Court of Criminal Appeal-

undertaking as to bail following grant of bail by ^Sch.^f. ¹⁰ 15

(36)

34

D

INDEX

Defendant-

, application by, for variation or rescission of order forfeiting deposit of money or other security and notice to complainant or director of prosecutions or deputy director of public prosecutions ..

notice of time and place of adjourned hearing of offence where, does not appear personally in accordance with his bail

notice to, and surety or sureties of undertaking as to bail ..

statement of reasons for investigation into physical or mental condition of

warrant committing, when failure to appear in accordance with his undertaking

warrant of committal of, where bail has been revoked ..

warrant to apprehend, for failure to surrender into custody warrant to apprehend, on application by surety for discharge

from liability with respect to undertaking as to bail warrant to apprehend, on application for revocation or vari-

ation of bail

warrant to apprehend, where surety gives false information warrant to apprehend, who has not appeared in accordance

with undertaking District Court-

undertaking as to bail following grant of bail by

F

Forms- application of re-

affidavit of justification ..

application by defendant for variation or rescission of order forfeiting deposit of money or other security and notice to complainant or director of prosecutions or deputy director of public prosecutions ..

application by surety for discharge from liability with resPeCt to undertaking ..

application for revocation or variation of bail and notice to surety ..

duplicate certificate of bail ..

notice to defendant and surety or sureties of undertaking as to bail ..

notice to person granted bail by deposit of money notice to person granted bail by deposit of money or

permitted to go at large without bail ..

particulars of person granted bail by deposit of money statement of reasons for investigation into physical or

mental condition of defendant "

undertaking as to bail ..

undertaking as to bail following committal for trial or for sentence

undertaking as to bail following grant of bail by Judge of Supreme or District Court or Court of Criminal Appeal

warrant committing a defendant who has failed to appear in accordance with his undertaking ..

warrant of committal where bail has been revoked warrant to apprehend defendant for failure to surrender

into custody

warrant to apprehend defendant on application by surety for discharge from liability with respect to undertaking as to bail ..

warrant to apprehend defendant on application for revocation or variation of bail

warrant to apprehend defendant where surety gives false information

warrant to apprehend defendant who has not appeared in accordance with undertaking

to be completed as prescribed

Sch.f. 21 28

Sch.f. 4 6

Sch.f. 8 12

Sch.f. 3

Sch.f. 22 31

Sch.f. 17 23

Sch.f. 16 22

Sch.f. 14 20

Sch.if. 19, 20 .. 26,27

Sch.f. 12 18

Sch.f. 15 21

Sch.f. 10 15

reg. 4(1),(3) ..

Sch.f. 11 17

Sch.f. 21 28

Sch.f. 13 19

Sch.f. 18 24

Sch.f. 6 9

Sch.f. 8 12

Sch.f. 3 5

Sch.f. 5 7

Sch.f. 2 4

Sch.f. 1 3

Sch.f. 7 10

Sch.f. 9 13

Sch.f. 10 15

Sch.f. 22 31

Sch.f. 17 23

Sch. f. 16 22

Sch. f. 14 20

Sch.if. 19, 20 .. 26,27

Sch.f. 12 18

Sch.f. 15 21

reg. 4 (2) .. 1

(37)

INDEX

H

Hearing-

notice of time and place of adjourned, of offence where defendant does not appear personally in accordance with his bail

N

Notice-

of time and place of adjourned hearing of offence where defendant does not appear personally in accordance with his bail

to defendant and surety or sureties of undertaking as to bail to person granted bail by deposit of money "

to person granted bail by deposit of money or permitted to go at large without bail ..

to suretyreapplication for revocation or variation of bail ..

R

Regulations-

commencement of ..

repeal of other ..

short title of

s

Sentence-

undertaking as to bail following committal for Short title of regulations

Supreme Court-

unde~kingas to bail following grant of bail by ..

Surety-

application by, for discharge from liability with respect to undertaking

application for revocation or variation of bail and notice to notice to defendant and, of undertaking as to bail ..

warrant to apprehend defendant on application by, for discharge from liability with respect to undertaking as to bail

warrant to apprehend defendant where, gives false information

T

Trial-

undertaking as to bail following commital for ..

Sch.f. 4

Sch.f. 4 Sch.f. 8 Sch.f. 3 Sch.f. 5 8ch.f. 18

reg. 2 3 I

Sch.f. 9 reg. I

Sch.f. 10

Sch.f. 13 Sch.f. 18 Sch. f. 8

Sch. f. 14 8ch. f. 12

Sch.f. 9

Page

35

6

6 12 5 7 24

13 I

15

19 24 12

20 18

13

(38)

36

w

INDEX

Page

Warrant-

committing a defendant who has failed to appear in accordance withhis undertaking

of committal where bail has been revoked

to apprehend defendant for failure to surrender into custody to apprehend defendant on application by surety for discharge from liability with respect to undertaking as to bail to apprehend defendant on application for revocation or var-

iation of bail ..

to apprehend defendant where surety gives false information to apprehend defendant who has not appeared in accordance

with undertaking

Sch.f. 22 Sch.f. 17 Sch.f. 16 Sch.f. 14 Sch.f[ 19,20 ..

Sch.f. 12 Sch.f. 15

31 23 22

20 26,27 18 21

BY AUTHORITY

109263 (iju200)-11/89