Rehab and bail in Queensland: a guide for families and lawyers

How rehab can form part of a bail application

Bail is the court's decision to release a person while their matter is still going, usually with conditions. When a lawyer applies for bail, part of their job is to show the court a realistic plan for how the person will live while they wait: where they will stay, who will be around them, and how the risks the court is worried about will be managed.

If alcohol or drug use is connected to the charges, a confirmed place in a structured residential program can be part of that plan. It gives the person a fixed address, a daily routine, staff on site, and treatment for the problem that may have brought them to court. It does not guarantee bail. It is one piece of information the court weighs alongside everything else.

The same idea applies at other points in the process. Treatment can be raised at sentencing, as part of a parole plan, or as part of a diversion program, if your lawyer thinks it is relevant.

What courts usually want to see

Every court and every matter is different, but lawyers commonly ask a treatment provider for three things.

• Written confirmation of acceptance, with a bed date. A letter on the provider's letterhead confirming the person has been assessed, has been accepted into a named program, and can be admitted on a specific date. A vague "we may have a place" is much less useful than a firm date.
• A treatment plan. What the program involves, how long it is expected to run, how the days are structured, the level of supervision, and what happens when the program ends.
• Progress reports, with consent. Many courts and community corrections officers want to know whether the person is attending and engaging. A provider can only share this when the person has given written consent, and the scope of that consent should be agreed up front.

Some lawyers also ask the provider to confirm what happens if the person leaves the program early, so the court knows who will be told and how quickly.

Bail conditions in Queensland, in general terms

In Queensland, bail is governed mainly by the Bail Act 1980. In general terms, a court can grant bail with conditions it considers necessary. Conditions commonly include living at a set address, reporting to police, a curfew, not contacting certain people, not going to certain places, and taking part in a treatment or rehabilitation program.

For some charges and situations the person has to show why they should not be kept in custody, rather than the prosecution showing why they should. Your lawyer can tell you whether this applies.

Bail conditions are legal obligations. Breaking one can lead to arrest, the bail being cancelled, and further charges. If a condition requires the person to live at a rehab and take part in the program, leaving the program can be a breach. Everyone involved, including the person, their family and the provider, should understand exactly what the conditions say before admission.

What to prepare

Time is usually short before a hearing, so it helps to gather these early.

• The court date, the court, and the lawyer's direct contact details.
• A copy of the charges or the bench charge sheet, and any existing bail or parole conditions.
• Any recent medical, psychiatric or psychological reports, and a list of current medications.
• A short history of alcohol or drug use and past treatment, from the person themselves if they can give it.
• Whether the person needs withdrawal management (detox) first. Residential rehab usually follows detox, and this can change the bed date. Our guide to detox and rehab explains why.
• How the program will be paid for. See using your super to pay for rehab and the other options on our programs and pricing page.
• Written consent from the person for the provider to speak with their lawyer, and later to send reports.

How priority admission at Sapphire works

Sapphire Recovery is a private live-in home for up to six guests in Reedy Creek, on the Gold Coast. We offer priority admissions for people facing bail, parole, sentencing and diversion, because court dates do not wait.

1. Call or refer. A lawyer or family member tells us about the person, the matter and the date they are working to.
2. Suitability assessment. We speak with the person, in custody or in the community, and recommend the right program, usually 30 to 90 days.
3. Documents. Once accepted, we provide a letter of acceptance and a treatment letter for the submission, confirming the program, the start date and supervision.
4. Admission and reporting. When a bed is confirmed we arrange induction and transport, including private pick-up from Gold Coast Airport, and send progress reports with the person's consent.

Sapphire does not provide medical detox on site. If someone needs withdrawal management first, we help arrange it before admission. Live-in programs start from $25,000 + GST, and payment plans, early release of super and finance are available. Lawyers can find more detail, and a referral form, on our priority admissions for lawyers page.

Get legal advice

If you are a family member, the most useful thing you can do is make sure the person has a lawyer and that the lawyer knows treatment is being considered. If cost is a worry, Legal Aid Queensland can help you work out what is available: call 1300 65 11 88.