Queensland Consolidated Acts

BAIL ACT 1980 - SECT 30

30 Apprehension on variation or revocation of bail

(1) Bail granted to a defendant on an undertaking may be varied or revoked, on the application of a complainant, prosecutor or person appearing on behalf of the Crown, by—

(a) the court that granted the bail; or

(b) the court before which an indictment has been presented; or

(c) the Supreme Court;

if the court is of the opinion that it is necessary or desirable in the interests of justice to do so.

(1A) Also, bail granted to a defendant on an undertaking by a police officer authorised by this Act or the Youth Justice Act 1992 to grant bail may be varied or revoked, on the application of a complainant, prosecutor or person appearing on behalf of the Crown, by—

(a) if the defendant is required to appear before the Childrens Court—the Childrens Court; or

(b) a Magistrates Court;

if the court is of the opinion that it is necessary or desirable in the interests of justice to do so.

(2) An application under this section may be made ex parte—

(a) after notice of intention to make the application has been given to the defendant and the defendant’s surety or sureties; or

(b) without giving notice pursuant to paragraph (a) if the defendant—

(i) has absconded or if the court is satisfied that the defendant is likely to abscond; or

(ii) has broken, or if the court is satisfied that the defendant is likely to break, a condition of the defendant’s undertaking.

(3) If an application under this section is made in the manner permitted by subsection (2) (b) , the court may—

(a) order that notice of the application be given to the defendant and the defendant’s surety or sureties notifying that if the defendant fails to surrender into custody in accordance with the notice a warrant may issue for the apprehension of the defendant; or

(b) forthwith issue a warrant to apprehend the defendant and bring the defendant before the court to show cause why the defendant’s bail should not be varied or revoked.

(4) If on the date and at the time and place specified in a notice given pursuant to subsection (2) (a) or (3) (a) the defendant—

(a) fails to surrender into custody, the court may issue a warrant for the defendant’s apprehension; or

(b) surrenders into custody and fails to satisfy the court that it is not necessary or desirable in the interests of justice that the defendant’s bail be varied or revoked the court may—

(i) vary the bail in such manner as it thinks fit; or

(ii) revoke the bail; or

(c) surrenders into custody and satisfies the court that it is not necessary or desirable in the interests of justice that the defendant’s bail be varied or revoked the court may order that the defendant be released from custody on the defendant’s original undertaking.

(5) A surety or sureties to whom notice is given under subsection (2) (a) or (3) (a) shall be entitled to appear at the hearing of the application and give evidence and the court may if it thinks fit adjourn the hearing to enable the surety or sureties to do so.

(6) If the only ground for making an application under this section is that the defendant has broken, or is likely to break, a condition of the defendant’s undertaking imposed under section 11 (9) or 11AB , the court may vary the defendant’s bail, including by rescinding the condition imposed under section 11 (9) or 11AB , but may not revoke the bail.

(7) This section does not limit the powers of a police officer under the Police Powers and Responsibilities Act 2000 , section 367 (3) to arrest a defendant who is a child.