Show Cause
The Bail Act 1980 is the primary legislation governing bail in Queensland, Australia. It outlines the procedures and considerations for granting or refusing bail to individuals charged with criminal offences. A key aspect of this Act is the “show cause” provision, which places the onus on certain defendants to demonstrate why their detention is not justified.
Under the Bail Act, some offences trigger a “show cause” situation. In these cases, the defendant must “show cause” why their continued detention is not justified. This reverses the usual presumption in favour of bail, making it more challenging for the accused to secure release.
Offences that typically invoke the show cause requirement include:
- Serious violent crimes;
- Offences committed whilst on bail for another indictable offence;
- Certain drug trafficking offences.
Domestic Violence and “Show Cause”
Not all domestic violence offences are automatically classified as show cause offences under the Bail Act 1980 (Qld). However, some domestic violence offences can become show cause offences in certain circumstances.
A domestic violence offence becomes a show cause offence if:
- The applicant has a history of violence (within the last 5 years);
- The applicant has a history of contravening release conditions, domestic violence orders, or other court orders (within the last 2 years);
- The offence involves the use or threatened use of a weapon;
- The offence is committed while the applicant is on bail for another indictable offence.
Considerations for “show cause”
When deciding whether the applicant has shown cause, the court considers various factors, including:
- The nature and seriousness of the offence;
- The strength of the evidence against the accused;
- The accused’s criminal history and any previous failures to appear in court;
- The potential risk to public safety;
- The likelihood of the accused interfering with witnesses or evidence.
The show cause provision significantly impacts bail proceedings by shifting the burden of proof to the applicant. This can make it more difficult for individuals accused of serious crimes to obtain bail, as they must actively demonstrate why their detention is not justified rather than relying on a presumption in favour of bail.
Applying for bail in the Supreme Court
You can apply for Supreme Court bail in Queensland in a few circumstances. Such circumstances include:
- After a Magistrates Court has refused bail.
If a Magistrate has refused bail, you can apply to the Supreme Court for bail. This is often done when new information becomes available, or circumstances have changed since the initial refusal.
- Directly to the Supreme Court.
For certain serious offences, bail applications must be made directly to the Supreme Court. These typically include murder.
- When facing Supreme Court charges.
If you’re charged with an offence that will be heard in the Supreme Court, you can apply for bail there.
- Review of bail conditions.
If you want to vary bail conditions set by a lower court, you can apply to the Supreme Court for a review.
It’s important to note that applying for Supreme Court bail is a complex process. It often requires strong legal arguments and sometimes new evidence or changed circumstances to justify the application, especially if bail has been previously refused in a lower court.
As with many areas of the law, receipt of good advice and an astute tactical approach to applications are paramount in maximising the chances of success. At Jones + Associates, we have a reputation for achieving successful bail results after others have failed.
Navigating the complexities of show cause bail requires a thorough understanding of the law, a careful examination of the facts, and persuasive advocacy.
If you or a loved one requires a bail application, please contact our office.