





If you are arrested and charged with an offence then you may be held in custody until your next court date OR you may be granted bail, which means thatyou can live in the community, until your next court date. Bail is a written agreement that you will come to court on your next court date.
If you are arrested and charged by police, they can give you bail. If the police do not give you bail then you can ask the court to give you bail. For help with a bail application, speak to a lawyer. See ‘who can help’ at the end of this sheet.
You can call one of the legal services listed at the end of this fact sheet and they may be able to help you.
They will consider whether they believe you will:
But the fact you may not have accommodation or a family to support you will not be enough reason by itself for the court to refuse bail.
The court or police will also consider:
If the court decides that there is an unacceptable risk you will commit an offence that endangers the safety of the community, or another person, and believes that giving you bail conditions will not change this, then the court will refuse bail.
If the court or police have no way to keep you safe other than by keeping you in custody, because your life is at risk due to the offence you committed, then you will likely not be granted bail. But the fact you may not have accommodation or a family to support you and keep you safe will not be enough reason by itself for the court to refuse bail.
The court or police can decide that they have some concerns about you being on bail and so give you bail but with conditions that you must follow. These conditions could be that:
You can only be given a condition to wear an EMD if:
If the police do not grant you bail, the court might give you bail with a Conditional Bail Program (CBP). A CBP is a program of activities (up to 32 hours per week) that you must do. You do not have to agree to do a CBP, but if you refuse to do a CBP you might not be given bail and you might have to stay in custody until your next court date.
Yes, you can. If you want to get your bail conditions changed (for example because you are changing address) speak to your lawyer about this.
Your bail conditions are on the piece of paper you signed. You, your lawyer, or a trusted adult can contact the court or police who gave you bail to check what your bail conditions are.
You should speak to a lawyer about your options. You may be able to have your bail continued with a lawyer’s help.
If you are on bail and you are charged with another offence, it is usually very difficult to get bail.
If the Childrens Court Magistrate does not give you bail, then you can apply to a Childrens Court Judge for bail. Speak to a lawyer about this.
Yes, the police or a court can release you without bail. If they release you without bail they will place a condition on your release that you come to your next court date.
Yes, unless there is a condition on your bail that says you are not to leave the state. If you move to live in another state this may be a breach of your bail condition.
Who can help?
Youth Advocacy Centre (YAC)
www.yac.net.au
3356 1002
Hub Community Legal
www.hubcommunity.org.au
3372 7677
YFS Legal
www.yfs.org.au
3826 1500
Legal Aid Queensland
www.legalaid.qld.gov.au
1300 651 188
Youth Legal Advice Hotline (Monday – Thursday 8am – 9pm; Friday 8am – Sunday 5pm)
1800 527 527
Aboriginal & Torres Strait Islander Legal Service (24hrs 7 days a week)
www.atsils.org.au
3025 3888 or (free call) 1800 012 255
Translating & Interpreting Services (24hrs)
131 450
Community Legal Centres (CLCs) see www.naclc.org.au for your nearest CLC
This sheet is intended to provide general legal information about the law in Queensland. This information is not legal advice. If you have a particular legal problem you should contact a solicitor for legal advice. Above is a list of agencies that might be able to assist you, including legal agencies.
This sheet was last reviewed and updated in August 2021. The Youth Advocacy Centre does not accept responsibility for any action or outcome because of anyone relying on the information provided.