Download Section 16(3A) bail form

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Transcript
Please complete all relevant sections of this form.
Client’s full name
Basic bail considerations
I have considered:
 the nature and seriousness of the charges
 the strength of the crown case
 the client's complete criminal and traffic history
 any affidavit of objection to bail
 likely time frame to finalise your client's matters, and
 consider a bail application is meritorious.
The client has suitable accommodation.
The client is prepared to report to a police station.
The client is able to satisfy a "no contact" condition, if needed.
Client’s risk of failing to appeal
Tick at least one of the following:
The client has a surety.
The client has carer responsibilities.
The client has employment prospects.
The client has no previous Bail Act 1980 (Qld) breaches on these charges.
Nature of the charges
Tick at least one of the following:
The charges are not in the Vicious Lawless Association Disestablishment Act 2013 (Qld) (VLAD Act) schedule.
The client has not previously been convicted of offences of a similar nature nor has charges pending of a similar
nature.
If convicted today, the client is unlikely to receive a sentence involving any further actual term of imprisonment, or
the likely delay in prosecution means they will serve more time on remand than they would be likely to receive at
sentence.
Medical/psychiatric and substance abuse issues
Tick at least one of the following:
The client's offences are not drug/alcohol related and the client does not have a medical, psychiatric,
psychological or substance abuse condition.
The client's offences are drug/alcohol related and they are willing to participate in a drug/alcohol residential
rehabilitation program or as an out-patient in a drug/alcohol rehabilitation program. (The client has written
confirmation of their acceptance in a drug/alcohol rehabilitation program and is willing to sign an authority
permitting the rehabilitation centre to advise the Office of the Director of Public Prosecutions or the Queensland
Police Service of any non-compliance by them with the centre's conditions of participation.)
The client suffers from a medical/psychiatric/psychological condition(s), which cannot be adequately
treated/supervised in custody and their health will be substantially compromised by their continued incarceration
(doctor or specialist report held on file).
The client is prepared to consult a general practitioner, community mental health centre, counsellor, psychologist,
psychiatrist (practitioner’s name can be provided and is on file).
TRIM no 2014/027193
Guideline for grant of aid for bail application
There is a strong likelihood of the client being granted bail and bail is opposed by the prosecution.
Lawyer’s certification
I,
of (firm name)
certify:
1. I am a solicitor with this firm.
2. I have indicated on this form the basis on which I believe the applicant has eligibility to be granted legal aid.
3. I make this certification based on material held by this firm for this client.
Scan and send this form to:
1. Where appearance was in a magistrates court in Greater Brisbane* scan and send to the in-house Magistrates
Court team in Brisbane as soon as possible: [email protected]
Include all the relevant bail application material (including QP9, criminal history, objection to bail affidavit and
completed legal aid application for bail). This is a priority as the application will not be processed until Grants
have all of the relevant material.
2. Where the appearance was in a magistrates court in a regional area, please liaise with the local Legal Aid
Queensland office.
* “Greater Brisbane Courts” include Holland Park, Wynnum, Redcliffe, Sandgate, Cleveland, Pine Rivers Magistrates Courts.
TRIM no 2014/027193