The transitional provision in s 46 of the Bail Act 1980 (Qld), inserted by the Bail (Domestic Violence) Amendment Act 2017, applies retrospectively to bail applications heard after commencement regardless of when the offence occurred or proceedings commenced. A complainant's wish to withdraw a domestic violence complaint, where motivated in part by fear, does not demonstrate that the alleged offences did not occur and does not establish that continued detention is not justified. The notoriety of repeat assaults in domestic violence situations may be referred to as supporting a prosecution's concern about risk, provided the court also assesses the risk to the particular complainant on the specific facts.
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