Queensland Numbered Acts

JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 37 - SECT 13

After section 15--

insert--

'(1) This section applies if--

(a) a police officer has refused to grant bail to a person under section 7 for an offence; and

(b) a Magistrates Court is authorised under this Act to grant bail to the person for the offence; and

(c) having regard to all the circumstances, the person may not reasonably or practicably be brought personally before a court to apply for bail because of the person's remote location.

'(2) The person may apply to a magistrate for bail for the offence by telephone, radio or by another form of communication (a remote communication device).

'(3) The application may only be made when--

(a) the magistrate is constituting a Magistrates Court; or

(b) the court registry where the magistrate usually constitutes the court (the relevant court registry) is open for business.

'(4) The police officer who refused the person bail must--

(a) advise the person that the person may apply to a magistrate for bail by a remote communication device; and

(b) allow the person to use a remote communication device for that purpose.

'(5) When making the application, the person must be in the presence of a police officer who may also make submissions on the application.

'(6) The magistrate may decide the application only if the magistrate is satisfied--

(a) it was necessary to make the application under subsection (2); and

(b) the way the application was made under subsection (2) was appropriate.

'(7) If it is reasonably practicable to fax or email a copy of the magistrate's order on the application to the police officer present with the person--

(a) the magistrate must, after making an order on the application, immediately fax or email a copy of the order to the police officer; and

(b) the police officer must give a copy of the order to the person.

'(8) If it is not reasonably practicable to fax or email a copy of the magistrate's order to the police officer present with the person--

(a) the magistrate must tell the police officer--

(i) the date and time the order is made; and

(ii) the terms of the order; and

(b) the police officer must complete a form of order, in the approved form, and write on it--

(i) the magistrate's name; and

(ii) the date and time the order was made; and

(iii) the terms of the order; and

(iv) the police officer's name; and

(c) the police officer must give a copy of the form of order to the person.

'(9) If the magistrate grants bail to the person, the police officer must help the person comply with the requirements of this Act for the release of the person on bail to the extent that the help--

(a) is reasonable in the circumstances; and

(b) would otherwise be available to the person from a Magistrates Court if the person made the application at a Magistrates Court.

Example of help a police officer may give to a person--

helping the person locate a justice for entering into an undertaking as to bail

'(10) The police officer, and the magistrate if the magistrate was not constituting a Magistrates Court when the application was made, must, at the first reasonable opportunity, send to the relevant court registry--

(a) any document or thing relevant to the application that would otherwise have been filed with the court or tendered as evidence during the application; and

(b) a copy of any form of order completed by the police officer under this section.'.