Bail Act 1980 (Qld)

Bail Act 1980

An Act to consolidate and amend the law relating to the release of defendants charged with offences and for incidental and other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Bail Act 1980.

6   Definitions

In this Act—

adjourn includes postpone or reserve a question on a point of law.

admit to bail includes grant bail.

appeal includes an application for leave to appeal.

approved form see section 36C.

child ...

committal for trial includes a committal for sentence.

Commonwealth control order means a control order as defined in the Criminal Code (Cwlth), section 100.1(1).

community justice group means—

(a)the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4, division 1, for the community of a defendant who is an Aboriginal or Torres Strait Islander person; or

(b)a group of persons within the community of a defendant who is an Aboriginal or Torres Strait Islander person, other than a department of government, that is involved in the provision of any of the following—

(i)information to a court about Aboriginal or Torres Strait Islander defendants;

(ii)diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander defendants;

(iii)other activities relating to local justice issues; or

(c)a group of persons made up of elders or other respected persons of the defendant’s community.

conviction includes—

(a)a finding of guilt;

(b)a finding that a person is not guilty by reason of unsoundness of mind;

(c)a conviction of an offence for which an order is made—

(ii)requiring the person to perform unpaid community service; or

(iii)discharging the person absolutely or conditionally.

court includes—

(a)a judge or justice, whether sitting in court or acting in another way; and

(b)a court exercising appellate jurisdiction; and

(c)a justice or justices conducting an examination of witnesses in relation to an indictable offence; and

(d)a justice acting under section 15A or conducting a bail proceeding by using video link facilities or audio link facilities under the Justices Act 1886, part 6A.

criminal organisation ...

criminal proceeding includes a hearing, trial or appeal in relation to an offence.

Crown Solicitor ...

defendant means a person charged with or convicted of an offence and includes such a person who is a party to an appeal.

defendant’s community, in relation to a defendant who is an Aboriginal or Torres Strait Islander person, means the defendant’s Aboriginal or Torres Strait Islander community, whether it is—

(a)an urban community; or

(b)a rural community; or

(c)a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

deputy director of public prosecutions means, where the charge out of which a prosecution arises is a charge for an offence against the laws of the Commonwealth, the deputy director of public prosecutions in Queensland.