QLD Bail at committal hearing

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18 September 2020
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Hi all,

Just signed up today and I am only starting to learn about Criminal proceeding and process so forgive me if I ask too many questions.

My brother was arrested in June 2020 and has been in remand since, he has a legal aid lawyer who he spoke to briefly in July and at the time was still waiting on the Police statement of evidence and was told to sit tight and wait, this brief chat was the last time he had spoken to a lawyer although he appears in court monthly, first one was on video link, nothing was on the screen. Next 2 dates he wasn't aware of.

My brother has some intellectual disabilities and he can not read or write, unless it is in the most basic form and wording. Everything has to brocken down to his level to be sure he is understanding everything and repeated to be sure he is actually picking up the information. He has received letters but it hard for us to extract information from him when he himself doesn't get it.

The charges are serious, which include robbery and deprevation of liberty and intent to supply himself. However when he explains its a fight with a guy when he was looking for the guys girlfriend who took off, grabbed his phone to call her and as he took the phone it is robbery due to the assault. (Wish I had more information but we are in the dark waiting to find out more)

We have been in contact with the lawyer, trying to get an update on where things are at But due to covid lock downs things have been very slow paced. She will speak to him next week to go through evidence and get his instructions.

We would like him to go for bail, so we can go through everything with him as visits and phone calls have been very limited. I asked today about when we can apply for bail for him so we can make sure he fully understands everything, he has time to prepare and has someone who can spend time with him if he has questions and to prepare for court. She said at the commital hearing he can apply if he wants too.

My main question is, is that the best time to apply for bail? I was hoping to be able to go through everything with my brother prior.

And is it normal to be in remand for 4 months and not speak to your lawyer about your case?

Sorry for the long winded post, but It doesn't feel right and I want to ensure my brother isn't falling through a crack because I don't know anything about criminal cases and keep excepting what I am being told.

Many thanks for your help