The Short Answer
A refusal of bail means the person stays in custody — on remand — while the charge goes through the courts. That lasts until a court grants bail or the case is finished.
It is not the end of the question. Bail can be asked for again, and a magistrate's refusal can be reviewed by a judge of the Supreme Court. Both are set out in the Bail Act 1980 (Qld).
A further application to a magistrate will ordinarily fail unless something material has changed. A Supreme Court review does not need a change — the judge decides bail afresh — but it applies the same test the magistrate applied. Either way, what matters is material that answers the risk the magistrate found.
"Why Was Bail Refused?"
The court has to record why. When bail is refused, the refusal and the grounds for it are written onto the court papers.
Those grounds come from a short list of risks. The magistrate refuses bail if satisfied there is an unacceptable risk that the person would not come back to court, would commit an offence, would endanger someone's safety or welfare, or would interfere with witnesses or otherwise get in the way of justice. Bail can also be refused for the person's own protection.
For some charges the starting point is reversed. The person has to show why keeping them in custody is not justified, instead of the prosecution having to show why it is. This is called show cause, and it applies on any later application or review as well.
Knowing which risk the magistrate was worried about tells you what the next application has to answer. A refusal because there was nowhere to live calls for different material to a refusal because of a history of missed court dates.
Sometimes, early in a case, a person is held not because bail has been refused, but because there has not been enough time since the charge was laid to get the information the court needs. The magistrate must then remand them in custody so that information can be obtained.
"Can We Just Apply Again?"
A person refused bail can make a further application. The Bail Act does not cap the number.
The courts have said that a repeat application on the same material will ordinarily fail unless something material has changed in the meantime.
A change is something new that bears on the risk the magistrate found. The court has to consider things like the person's home environment, their employment, the seriousness of the charge and the strength of the evidence. New material on any of those can count — a confirmed address with the written agreement of the person who lives there, a job offer, a place in a residential rehabilitation program, a person willing to stand as surety, or a development in the case itself, such as a charge being withdrawn or downgraded.
The Supreme Court's practice direction on bail applications filed in Brisbane says that where a change in circumstances is the reason for a new application after a refusal in the Magistrates Court, it expects that application to be made in the Magistrates Court.
"What Is a Supreme Court Review?"
A magistrate's bail decision can be reviewed by a single judge of the Supreme Court. Either side can ask for it.
The judge decides bail afresh. It is not necessary to point to a mistake the magistrate made. Further or different evidence can be put before the judge, and the court that refused bail has to send up any of its papers that may be relevant.
The judge applies the same test the magistrate applied. If the person had to show cause in the Magistrates Court, they still have to show cause in the Supreme Court.
The application is made in writing. For applications filed in Brisbane, the Supreme Court's practice direction requires sworn statements, called affidavits, and a written outline of the argument. It says the affidavits must set out:
- the person's personal circumstances
- the bail conditions proposed, and their willingness to comply with them
- where they would live, and the address
- the consent of whoever owns or lives at that address to them living there
- whether a rehabilitation facility is available, if that is relevant
- whether a surety is offered — and if so, an affidavit from the surety with proof of their financial position.
The address, the consent and the surety are things family members can often help with, and they take time to put together.
There is no court fee for a bail application to the Supreme Court. Win or lose, neither side can be ordered to pay the other side's legal costs in a bail proceeding.
"Bail Was Granted, but the Police Want It Reviewed"
The review works in both directions. The prosecution can ask the Supreme Court to review a grant of bail, and so can the complainant. A grant in the Magistrates Court is not always the final word.
If the prosecution applies, it must take reasonable steps to tell the person when and where the hearing will be. If the judge is satisfied that was done, the hearing can go ahead without them.
For some domestic violence charges there is a further step. If the prosecution applies for a review of a release decision, the release is put on hold. The person stays in custody until the judge decides the review, or the prosecution drops it, or 4pm on the third business day after bail was granted — whichever comes first.
That is why a person can be granted bail on a Monday and still be in custody on Wednesday. It does not mean the bail has been taken away. It means the review has to be dealt with first.
"What Should We Be Doing Now?"
Find out the reasons for the refusal. The magistrate's grounds decide what the next application has to deal with.
Then gather what answers them. An address, with the consent of the people living there, in writing. Details of any person prepared to act as a surety. A letter from an employer. Confirmation of any treatment or rehabilitation place. Anything that shows the risk the magistrate identified can be managed on conditions.
Bring it to the first conversation with a lawyer, along with the charge, the court date and anything you know about the person's earlier bail history. Whether the next step is a further application to a magistrate or a review in the Supreme Court depends on what that material shows.
Civic Law acts for people refused bail in the Cairns Magistrates Court, on further applications and on Supreme Court reviews.
Where This Comes From
Bail Act 1980 (Qld), s 8(2) — a person in custody who is not granted bail is remanded in custody.
Same Act, s 16(1), (1A), (2) and (3) — the grounds for refusing bail, the duty to remand in custody where there has not been time to obtain enough information, the matters the court considers in assessing risk, and the show-cause offences.
Same Act, s 18 — the court endorses on the papers the refusal of bail and the grounds for it.
Same Act, s 19 — a defendant who has been refused bail may apply to a court empowered to grant bail.
Same Act, s 19B — the defendant, complainant or prosecutor may apply for review of a decision about release; for a magistrate's decision the reviewing court is the Supreme Court constituted by a single judge; additional or substitute evidence may be given; the court that made the decision must provide relevant documents; the orders available are limited by s 16 among others; a review sought by the prosecution may proceed in the defendant's absence if reasonable steps were taken to notify them.
Same Act, s 19C — a magistrate's decision on a review (for example, of a watch-house decision) may itself be reviewed by the Supreme Court, with leave.
Same Act, s 19CA — where the Crown applies to review a release decision for a defendant charged with a relevant domestic violence offence, the decision is stayed until the review is decided, the application is discontinued, or 4pm on the day 3 business days after the decision, whichever is earlier.
Same Act, ss 21, 26 and 31 — who may be a surety and what a surety is bound to pay; the offence of indemnifying a surety; forfeiture of the undertaking where the defendant fails to appear.
Same Act, ss 10A and 10B — no Supreme Court fee for a bail application; no costs orders in bail proceedings.
Supreme Court Practice Direction No 6 of 2025, Bail Applications (para 9 on new applications after a change in circumstances; paras 12–13 on supporting material). It applies to bail applications filed in the Supreme Court's Brisbane registry from 19 November 2025.
On a review being a fresh hearing that does not require error to be shown: Director of Public Prosecutions v Filippa [2004] QSC 470 at [15]–[16]. On the show-cause position continuing on review: Re JTL [2021] QSC 211 at [4] (a review under s 19B involving a young person). On repeat applications without a material change of circumstances: Scrivener v Director of Public Prosecutions [2001] QCA 454 at [11]. Each judgment was read in full; the authorities were identified through Carter's Criminal Law of Queensland at [50,108.5] and [50,085.150].
The Act was read from the current in-force text on legislation.qld.gov.au and cross-checked against Carter's Criminal Law of Queensland in Lexis+ on 5 October 2026. This page deals with adults; bail for children is governed by the Youth Justice Act 1992.