If no indictment has been presented in the Supreme or District Court, the Supreme Court must determine your bail application.
To apply for bail in the Supreme Court, you or your lawyer will need to complete:
- Form 2 Criminal Practice Rules 1999 - Application for bail in the Supreme Court
- Form 46 - Affidavit OR Form 11 Criminal Practice Rules 1999 - Affidavit to support the application
- Form 11 Bail Act 1980 - Affidavit of justification - may also be required if you are offering a surety to the court.
If you have already applied for bail and have been refused, you need to state this in the supporting affidavit and explain any change of circumstances to support you or your lawyer reapplying for bail.
You will need to include any other affidavits or documents that support your application.
File the documents with the Supreme Court registry either at the registry counter or by post.
How do I apply?
File all the documents with the registry at the Supreme Court at the location you want your application to be heard. Applications can be filed at the counter or by post.
You can request a date for the application to be heard but you should also provide additional dates in case the date you want is not available. If you don’t request a date or your requested dates are not available, it may be listed on a date selected by the registry.
If your application is to be listed for hearing at Brisbane Supreme Court, you can email your application to Client Relations at (email@example.com) For other registries, you will need to contact the relevant Supreme Court.
You or your lawyer will need to provide a copy of your bail application, and any supporting affidavits or documents, to the Director of Public Prosecutions (the prosecutor) at least two full business days before the application is to be heard (unless the prosecutor gives you a reduction of time).
How bail is dealt with
If granted, bail orders are processed as a matter of urgency. An order (Form 59 Uniform Civil Procedure Rules 1999) will need to be prepared by your lawyer. If you do not have a lawyer, the prosecutor will arrange for your order to be prepared and provided to the registry.
A bail undertaking will also be prepared by the registry and provided to you for signing wherever you are being held - at registry counter, court cells, a police station or a correctional centre.
If a surety is ordered, you will not be released from custody until the court is satisfied the surety has been provided.
Any money or surety is refunded or released after the court is satisfied all charges on the bail undertaking have been dealt with.