Queensland Bail Law Changes: Proposed Mandatory Minimum 12-Month Prison Sentences

Queensland Bail Law Changes: What You Need to Know About the Proposed New Bail Laws

Queensland’s bail laws are facing significant changes, with proposed reforms introducing tougher consequences for people accused of committing serious offences while already on bail.

The proposed changes form part of the Queensland Government’s broader approach to bail, repeat offending and community safety. One of the most significant proposals is the introduction of a mandatory minimum 12-month term of imprisonment for a new offence involving prescribed serious offending while on bail.

These proposed Queensland bail law changes are likely to have significant consequences for people who are charged with serious criminal offences and are seeking bail.

What are the proposed new Queensland bail laws?

The proposed legislation seeks to create a new offence targeting people who commit certain prescribed serious offences while released on bail.

If convicted of the proposed new offence, a person could face a mandatory minimum sentence of 12 months imprisonment.

This is significant because mandatory minimum sentencing limits the discretion ordinarily available to a sentencing court when determining an appropriate penalty.

The proposed reforms also seek to impose a higher threshold when courts consider whether certain people should be released on bail.

How could the new bail laws affect a bail application?

A bail application is already a serious legal proceeding. Under the proposed changes, the circumstances surrounding an accused person’s previous bail, criminal history and alleged risk of further offending may become even more important.

A person’s lawyer may need to address issues including:

• the seriousness of the alleged offence;
• the strength of the prosecution case;
• the person’s criminal history;
• previous compliance with bail;
• accommodation and family support;
• employment;
• rehabilitation or treatment;
• drug and alcohol use;
• proposed bail conditions; and
• the risk of further offending.

Strong and carefully considered bail conditions may be particularly important in cases where the prosecution alleges that there is an unacceptable risk of further offending.

What should you do if you are charged with an offence while on bail?

If you have been charged with a serious offence while on bail, you should obtain legal advice as soon as possible.

The consequences of being refused bail can be substantial. A person may remain in custody for weeks or months while their criminal matter progresses through the courts.

Early legal advice can allow a lawyer to properly prepare a bail application, identify weaknesses in the prosecution case and develop conditions designed to address the alleged risks.

East Coast Criminal Lawyers – Queensland Bail Lawyers

East Coast Criminal Lawyers is a boutique criminal defence firm representing clients throughout Queensland.

We regularly appear in Brisbane, Beenleigh and Southport Magistrates Courts, as well as courts throughout Queensland and New South Wales, in relation to bail applications and serious criminal charges.

If you or a family member has been charged with a criminal offence and requires a QLS or NSW bail lawyer, contact East Coast Criminal Lawyers for a free initial consultation.

Call us today on 0420 202 060.

This article provides general information only and does not constitute legal advice. Proposed legislation may change before being passed or commencing.