SHOW CAUSE BAIL:

Police Refused Bail: Am I in a Show Cause Position?

In Queensland, a "show cause" position relating to bail applications is where a person applying for bail must convince the court why they should be released from custody, rather than the prosecution proving why they should be detained. This is a higher hurdle than standard bail applications and is governed by Queensland's Bail Act.

What is show cause bail?

A show cause situation arises for certain serious offences or specific circumstances, where the court assumes detention is justified unless the applicant can demonstrate otherwise. You must show the court why your detention in custody is not justified by giving compelling reasons and evidence to prove you should be granted bail.

When does a show cause situation apply?

Under the Bail Act 1980, you may be in a show cause position if:

• You’re charged with a serious offence, such as:
  • Murder or attempted murder,
  • Serious drug offences such as trafficking,
  • Certain violent offences, like grievous bodily harm or robbery with violence,
• You’re charged with an indictable offence (a serious crime dealt with in higher courts) while already on bail for another indictable offence.
• You’re charged with an offence carrying a maximum penalty of 7 years or more and you allegedly used or threatened to use a weapon.
• You’re charged with specific domestic violence offences or breaches of domestic violence orders in certain circumstances.

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When does a show cause situation apply?

To succeed in a show cause bail application, you must convince the court that:

You’re not a significant risk of:

• Fleeing (not showing up to court).
• Committing further offences.
• Endangering the safety of others, like victims or witnesses.
• Interfering with witnesses or the case.

 
There are compelling reasons why you should not be kept in custody, such as:

• Stable ties to the community (e.g., family, job, or home in Queensland).
• A low risk of reoffending or no prior criminal history.
• Personal circumstances, like health issues or dependents who rely on you.
• Weaknesses in the prosecution’s case.

What extra happens over usual bail applications?

Last month's blog on bail applications covered the usual bail process in Queensland. This included the bail application process, the factors judges consider and some of the common bail conditions. A show cause application has a few more steps and considerations standing int he way,
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• Court Hearing: Show cause applications are usually heard in the Magistrates Court, but serious charges like murder may go to the Supreme Court. Your lawyer presents evidence and arguments to show why you should be released.

 

• Evidence Required: This might include character references, proof of employment, a stable address, or medical records to support your case.

 

• Judicial Decision: The judge will weigh your arguments against the risks. Even if you show cause, the court may still impose strict bail conditions, like reporting to police or a curfew.

Why is it harder to get bail in a show cause position?

Unlike standard bail applications, where the prosecution must prove you’re a risk, in a show cause case, the burden is on you to prove you’re not a risk and that detention isn’t justified. This makes preparation and legal representation critical, as you need strong evidence and persuasive arguments to sway the court.

How Valeston Lawyers can help

Navigating a show cause bail application is complex, but Valeston Lawyers has extensive experience in serious criminal matters and complex bail applications. Our skilled bail application lawyers can:

• Gather evidence to build a strong case.
• Present compelling arguments to address the court’s concerns.
• Advocate for reasonable bail conditions if granted.
• Provide urgent support, including 24/7 advice for show cause situations.

If you’re facing a show cause bail application in Queensland, don’t go it alone. Contact Valeston Lawyers urgent arrest line on 0432 881 530 or visit www.valestonlawyers.com.au to book a free consultation. Our Brisbane bail lawyers are ready to fight for your release.

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This blog post is for general information only and is not legal advice.
​For specific advice about your situation, contact Valeston Lawyers today for a free consultation.

Phone 1300 10 30 70  |  Level 10, 95 North Quay, Brisbane, QLD 4000  |  www.valestonlawyers.com.au