Being charged with a new criminal offence while you are already on bail for something else triggers a whole second layer of consequences in Queensland. You are not just facing the new charge — you are also facing:
- A separate criminal offence under section 29 of the Bail Act 1980
- A show cause bail position — meaning the court presumes you should be refused bail unless you can show otherwise
- A cumulative sentence on any new imprisonment imposed
- The likely revocation of your existing bail on the original matter
Section 29 is one of the most commonly charged — and most commonly misunderstood — offences in Queensland's criminal justice system. This article explains what it is, when it applies, and why people charged with it need specialist advice immediately.
Clarity Law — 1300 952 255, seven days a week.
The law
Section 29 of the Bail Act 1980 (Qld) provides:
A defendant, released on bail, who commits an indictable offence while so released, commits an offence.
The maximum penalty is 40 penalty units (approximately $6,450) or 2 years imprisonment.
Critically, the Act provides that any imprisonment imposed for the section 29 offence must be served cumulatively with any imprisonment imposed for the underlying indictable offence. That is unusual in Queensland sentencing and is a specific deterrent to committing offences while on bail.
What counts as "on bail"?
You are on bail if:
- You have been granted bail by police (watch-house bail)
- You have been granted bail by a court (court bail)
- You are subject to a bail undertaking — even one for a minor matter
- The bail includes any conditions at all, including the basic condition to appear in court
If a court has released you pending your next court date and you are required to return — you are on bail.
What is an "indictable offence"?
An indictable offence is an offence that can be prosecuted on indictment — essentially, the serious end of Queensland criminal law. It includes:
- All Criminal Code offences that carry a maximum of more than 3 years (and most that carry exactly 3 years)
- Drug offences under sections 5, 6, 8, 9 of the Drugs Misuse Act (trafficking, supply, production, possession)
- Most serious property offences (burglary, stealing, fraud over threshold amounts)
- Serious assault offences (AOBH, GBH, choking)
Summary-only offences are not indictable offences. Examples:
- Public nuisance
- Contravene direction or requirement
- Most Liquor Act offences
- Most Traffic Regulation offences
- Simple possession of drugs where dealt with summarily (subject to argument)
This distinction matters. A public nuisance charge committed while on bail does not trigger section 29. A common assault does (since common assault is an indictable offence, even though it's usually dealt with summarily).
How the charge works in practice
The typical sequence:
- You are on bail for, say, a common assault charge
- Three weeks later, you are arrested for stealing from a shop
- Police charge you with the stealing and with committing an indictable offence while on bail
- You are taken before the court the next working day
- You are in a show cause position on bail for the new charges — meaning you must justify your release
The same pattern applies whether the new offence is drug possession (where charged indictably), burglary, assault, fraud, or any other indictable matter.
Show cause bail — why this is so serious
Under section 16 of the Bail Act, a person who is charged with an indictable offence committed while on bail for another indictable offence is automatically in a show cause position. That means:
- The default is refusal of bail
- You must present evidence and argument as to why your detention is not justified
- Even if bail is granted, conditions are likely to be strict (curfew, reporting, non-association, residence)
Show cause bail applications are fact-sensitive. They typically succeed where:
- Strong stable accommodation is available (ideally away from co-accused)
- Employment or study can continue
- There are strong ties to the community
- Previous bail compliance has been good
- The new offence is materially different in nature and scale from the original
They typically fail where:
- The new offence is similar in type to the original (e.g., new drug offence while on bail for drugs)
- There is a history of bail breaches
- The Crown case is strong
- There is a pattern of offending
Read our article on show cause bail for more detail.
Cumulative sentencing
This is the sleeper consequence of a section 29 conviction. If you are sentenced to imprisonment for both:
- The original offence, and
- The new offence you committed while on bail
...then any imprisonment for the section 29 charge itself must be cumulative — served after the sentence for the underlying offence, not concurrent with it.
Even a relatively modest 3–6 month uplift on section 29 can extend a prison term meaningfully. For a client already facing several years, it can push parole dates out by months.
Defences
- You were not on bail at the relevant time — the bail had ended, or had not yet commenced
- The new offence is not indictable — it is a summary-only offence
- The underlying indictable offence is not made out — if you beat the underlying charge, the section 29 charge often falls with it
- You were not the person who committed the new offence — identification defence
DV context — additional considerations
Many section 29 charges arise in domestic violence situations. A person on bail for a DVO breach who is then charged with a new DVO breach, or a new common assault, faces:
- Section 29 charge
- Show cause bail
- Likely variation of the DVO to add more restrictive conditions
- Significant sentencing uplift at the final hearing
In our experience, DV-related section 29 matters are among the hardest to obtain bail on. Early legal intervention matters.
Strategic implications
The presence of a section 29 charge often changes the overall strategy on the case:
- Defending both matters together, to avoid cascading consequences
- Negotiating a plea package that resolves both matters efficiently
- Pursuing bail variation or withdrawal of the original bail to remove the "on bail" element
- Considering the total sentencing effect rather than each charge in isolation
A lawyer who deals with the new charge without reference to the original matter is not giving you full advice.
What to do if you have been charged
- Do not speak to police about the new offence without legal advice
- Arrange bail representation urgently — the first court appearance in a show cause matter is critical
- Identify whether the existing bail conditions have been breached — that may be a separate charge
- Gather material for the bail application — residence, employment, references, rehabilitation evidence
- Get a lawyer who will take a strategic view across both matters
Why Clarity Law
We have represented hundreds of clients in show cause bail applications and section 29 matters. We know the Magistrates' approaches, the bail conditions that tend to be accepted, and the submissions that work.
- Fixed fees where possible; clear staged quoting otherwise
- Statewide bail representation
- Over 60 years combined criminal defence experience
- Offices across South East Queensland
Get advice urgently
If you have been charged with a new offence while on bail, the first 24 hours matter. Show cause bail applications cannot be properly prepared in the corridor of the Magistrates Court on the day.
- Call 1300 952 255 — seven days a week, 7am to 7pm
- Use our contact form
- Book a free 15-minute consultation
