What Is a Show Cause Hearing? Queensland Bail Explained
Bail & Remand — 2026-06-29 — by Sacha Sarah Smith, Civic Law
For certain charges in Queensland, bail is reversed — you must show cause why you should be released. What triggers show cause, what courts expect, and what a strong application looks like.
Most bail applications in Queensland start from a favourable position. Under the Bail Act 1980 (Qld), the court has a duty to grant bail unless the prosecution can show there is an unacceptable risk in doing so. The person in custody does not need to earn their release — the prosecution has to justify their detention.
Show cause reverses that. For certain categories of offence, the Bail Act requires the defendant to demonstrate to the court why their continued detention is not justified. The onus shifts entirely. Silence or a bare request for bail will fail. The court must refuse bail unless the defendant actively persuades it otherwise.
The difference between the two positions is not academic. A standard bail application can succeed on relatively minimal material if the prosecution has nothing compelling to say against release. A show cause application cannot. It requires an affidavit, written submissions, and proposed conditions — prepared before the hearing, not improvised at the bar table.
When Show Cause Applies
Section 16(3) of the Bail Act 1980 (Qld) sets out the circumstances in which show cause is triggered. The list covers a broad range of offending, and it has expanded significantly in recent years — particularly for domestic violence matters.
Offending while on bail. An indictable offence allegedly committed while at large — with or without bail — prior to trial for another indictable offence. This is one of the most common show cause triggers. A person charged with a second indictable offence while awaiting trial on the first is in a show cause position on the second charge.
Murder and repeat serious child sex offences. These matters carry the additional restriction that only a Supreme Court judge (or, for a child, a Childrens Court judge) may grant bail.
Use of a weapon. An indictable offence allegedly involving the use or threatened use of a firearm, offensive weapon, or explosive substance.
Offences against the Bail Act. A person charged with an offence under the Bail Act itself — including breach of a bail condition under section 29 or failure to appear under section 33 — is in a show cause position on any subsequent bail application.
Choking, suffocation, or strangulation in a domestic setting. An offence under section 315A of the Criminal Code . This provision was added by the Bail (Domestic Violence) Amendment Act 2017 and reflects the established link between non-lethal strangulation and escalating domestic violence.
Serious offences that are also domestic violence offences. Any offence carrying a maximum penalty of at least seven years imprisonment, where the offence is also a domestic violence offence. This captures a wide range of conduct — serious assault, grievous bodily harm, robbery, arson — when committed in a domestic context.
Specific Criminal Code offences in a DV context. Threatening violence (section 75), dangerous operation of a vehicle (section 328A), unlawful stalking (section 359E), deprivation of liberty (section 355), and injuring animals (section 468) — when the offence is also a domestic violence offence.
Coercive control. The offence under section 334C of the Criminal Code , introduced by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 . Coercive control carries a maximum penalty of 14 years imprisonment and is by definition a domestic violence offence, bringing it within the show cause framework as a relevant offence under section 16(6)(b). This applies to conduct on or after 26 May 2025.
Contravention of a domestic violence order — with specified circumstances. A charge under section 177(2) of the Domestic and Family Violence Protection Act 2012 triggers show cause where: the contravention involved the use, threatened use, or attempted use of unlawful violence; or the defendant has a conviction involving violence within the preceding five years; or the defendant has a conviction for another DVO contravention within the preceding two years.
Organised crime and public safety orders. Contravening a control order under section 161ZI of the Penalties and Sentences Act 1992 , or contravening a public safety order under section 32 of the Peace and Good Behaviour Act 1982 .
Threats with a circumstance of aggravation. An offence under section 359 of the Criminal Code where a circumstance of aggravation mentioned in section 359(2) applies.
Whether show cause applies is determined by the charge, not the facts. The question is what the defendant is charged with, not what actually happened. If the charge on the court file falls within one of these categories, show cause is triggered — regardless of how strong or weak the evidence turns out to be.
What "Showing Cause" Requires
None
The defendant must place material before the court that, taken as a whole, demonstrates that continued custody is not justified in the circumstances. That material typically includes:
A sworn affidavit. This is the foundation of a show cause application. The affidavit sets out the defendant's personal circumstances — where they live, who depends on them, their employment, their health, their ties to the community, and any factors relevant to the risks the court must assess. It also addresses the charge: not by arguing innocence, but by putting the allegations in context where appropriate.
Written submissions. Submissions on the law — engaging with the statutory framework, the prosecution's opposition, and the specific factors in section 16(2) of the Bail Act that the court must weigh. These submissions address why the risks identified by the prosecution can be managed through conditions rather than custody.
Proposed bail conditions. Specific, detailed, and realistic. A residence address, a reporting schedule to a named police station, a curfew with defined hours, no-contact conditions covering named persons, exclusion zones drawn narrowly around relevant locations. The conditions need to address the prosecution's specific concerns — not in the abstract, but with enough detail that the court can adopt them as drafted.
Standing up in court and asking the Magistrate for bail — without material — will not meet the show cause threshold. The court cannot be satisfied that detention is unjustified based on an oral submission alone. The material does the work.
How the Court Assesses the Application
Even in a show cause matter, the court still weighs the factors set out in section 16(2) of the Bail Act 1980 . The difference is who carries the burden — but the inquiry itself is the same. The court considers:
The nature and seriousness of the offence. The allegations matter. A charge of common assault in a domestic setting that triggers show cause because of a prior DVO contravention is a different proposition from a charge of choking under section 315A.
Character, background, and community ties. Employment, housing, family responsibilities, and connections to the local community. A person with a stable home, a job to return to, and dependants who rely on them is in a stronger position than someone with no fixed address and no apparent ties.
History of compliance with bail. Prior grants of bail that were complied with — every condition met, every court date attended — carry real weight. A history of breaches, failures to appear, or prior show cause applications makes the current application harder.
The strength of the prosecution case. The court is not making a finding of guilt, but the apparent strength of the evidence is relevant. Where there are genuine weaknesses — identification issues, inconsistent statements, disputed circumstances — that can reduce the weight of the charge in the bail assessment.
Risk of domestic violence. For domestic violence offences and DVO contraventions, the court must specifically consider the risk of further domestic violence being committed by the defendant. This was added by the 2017 amendments and applies regardless of whether show cause is triggered.
Submissions from Aboriginal and Torres Strait Islander community justice groups. Under section 16(2)(e), the court must have regard to any submissions made by a community justice group for the defendant. This is a distinctive feature of Queensland bail law.
The rules of evidence are relaxed in bail proceedings under section 15 of the Bail Act . The court has a broad discretion to receive evidence it considers credible or trustworthy — including hearsay, previous convictions, other charges, and material that would not be admissible at trial. This works both ways: the prosecution can put untested material before the court, and the defence can file affidavit material from family members, employers, or support services without calling them as witnesses.
What Happens at the Hearing
A show cause hearing is a contested proceeding. The prosecution files material opposing bail — typically a summary of facts, the defendant's criminal history, and submissions addressing the show cause criteria. The defence files material in response.
In the Cairns Magistrates Court, contested bail applications in custody matters are prioritised. A person arrested and held overnight will typically have their bail application heard the following morning. Where the matter involves show cause and additional preparation is needed — because the affidavit and submissions are not yet ready — the matter may be adjourned for a short period to allow that preparation. The defendant remains in custody during that adjournment.
The hearing itself follows a predictable pattern. The prosecution outlines its opposition and the basis for the show cause requirement. The defence presents its material — the affidavit, the submissions, the proposed conditions — and makes oral submissions in support. The Magistrate considers the material, weighs the factors, and either grants bail with conditions or refuses it.
If bail is refused, the defendant is remanded in custody until the next court date or until a further bail application succeeds. A refusal in the Magistrates Court does not end the matter — a fresh application can be made to the Supreme Court.
If the Magistrates Court Refuses Bail
A Supreme Court bail application under section 19B of the Bail Act 1980 is a review, not an appeal in the traditional sense. The Supreme Court conducts a rehearing — a fresh hearing before a Supreme Court judge who is not bound by the Magistrate's decision or reasoning. The judge forms an independent view on the material placed before them, and additional information can be considered that was not before the Magistrates Court.
The practical significance is that stronger material — a more detailed affidavit, submissions that directly address the specific concerns that led to the Magistrates Court refusal, better condition proposals — can produce a different outcome. The Magistrates Court refusal is part of the record, but it is a factor the judge considers, not a finding that binds them.
Supreme Court bail applications involve more formal preparation and carry a higher fee. Our Supreme Court bail fee page sets out what that application involves.
Show Cause and Domestic Violence — the Expanded Provisions
The 2017 and 2024 amendments to the Bail Act significantly expanded the categories of domestic violence offending that trigger show cause. Before those amendments, a person charged with a DV offence — even a serious one — was in the same bail position as any other defendant. The prosecution had to show why bail should be refused.
That is no longer the case for a substantial range of DV matters. Choking under section 315A, any DV offence carrying seven or more years, coercive control under section 334C, and DVO contraventions with specified aggravating circumstances all now trigger show cause. In practice, a significant proportion of domestic violence bail applications in the Cairns Magistrates Court now involve the reversed onus.
The practical effect is that domestic violence bail applications require more preparation than they did before the amendments. An affidavit and written submissions are essential, not optional. The conditions proposed must specifically address the risk of further domestic violence — not just generic bail conditions, but conditions that show the court how the specific risk identified in the case will be managed.
Civic Law Acts in Show Cause Bail Applications Across Far North Queensland
Our show cause bail application fee is $5,500. That covers the conference, review of prosecution material, affidavit drafting, written submissions, and the contested hearing appearance. If the Magistrates Court refuses bail and a Supreme Court application is appropriate, Sacha Sarah Smith advises on that pathway and the applicable fee before any further work is done.
Bail matters are urgent. Sacha takes calls after hours, including weekends and public holidays. If someone has been arrested and is being held at the watch-house, call now — 0425 429 458.
Show Cause Bail Application
Bail Application — Magistrates Court
Supreme Court Bail Application