Breach of Bail | What happens when you breach bail conditions?

In New South Wales, breaches of bail conditions are a significant concern, as a substantial number of people fail to comply with the bail conditions set out by the court. An accused person, meaning someone who has been charged with an offence and is awaiting trial or further legal proceedings, is subject to these bail conditions. Understanding the severity of breaching bail conditions is critical, as it can lead to serious legal consequences, including immediate arrest and potential remand in custody. This page is designed to equip you with the knowledge required to act on breaches, covering the following:

• Overview of Bail Conditions and what a bail condition means
• What constitutes a breach of bail
• Immediate steps after a breach occurs
• Legal process following a bail breach
• Penalties & Consequences of breaching bail conditions
• Responding to Bail Breach Accusations
• The impact on future legal proceedings

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Overview of Bail Conditions

Bail conditions are specific requirements set by the court that you must follow while awaiting your court dates, ensuring your appearance in court and mitigating potential risks to the community. These conditions can include regularly reporting to the police station, residing at a specific address, adhering to curfews, surrendering your passport, or following a conduct condition, such as not contacting certain people or not visiting specific places.

A bail undertaking is the formal agreement signed when a person agrees to comply with the conditions of bail. It is important to fully understand the conditions of your bail and ensure you comply with them, as breaching any condition can have serious legal consequences.

In some cases, the court may require a surety or guarantee. An acceptable person, such as a close relative or someone of good character, may act as a surety or provide a character reference to support your bail application.

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Types of Bail Breaches | What constitutes a breach of bail?

A breach of bail occurs when a defendant fails to comply with the conditions set by the court as part of their bail agreement.

Bail breaches can take several forms, each with its own set of consequences under the law. Common types of bail breaches include:

• failing to attend a scheduled court date
• not reporting to a police station as required
• violating specific conduct conditions such as curfews, contact restrictions, or substance use prohibitions.
• failing to reside at a particular address
• leaving the jurisdiction without permission

Each of these breaches is taken seriously by the courts, and even a minor failure to comply can result in significant penalties, including fines, imprisonment, or the revocation of bail.

Understanding the different types of bail breaches is essential for anyone who has been granted bail. If you are unsure about your bail conditions or believe you may have breached them, it is crucial to seek legal advice immediately. Prompt action can help mitigate the consequences and ensure you remain compliant with your bail agreement.

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Immediate Steps After a Breach Occurs 

If you are out on bail and realise you have breached your conditions, it is essential to take immediate action to mitigate the potential consequences. The first step will be to contact your lawyer and inform them of the breach so one of our specialist lawyers can provide you advice.

It is important to address the breach proactively by reporting it to the relevant authorities, such as a police officer or protective services officer, as both have authority in bail matters. This demonstrates a willingness to comply with the legal process. Cooperating fully with law enforcement and attending any meetings or court appearances can help show that the breach was not intentional and that you are committed to adhering to bail conditions moving forward.

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Legal Process Following a Bail Breach 

When a breach of bail occurs, the legal process involves several steps to address this violation. Firstly, you may be arrested by the police for breaching your bail conditions. If you breach bail conditions, an arrest warrant or warrant may be issued by the court to enable police to apprehend you for further legal action. This will usually result in you being taken into custody and brought before the court. The court will then assess the circumstances surrounding the breach and determine whether your bail will be modified or revoked completely. Applications to modify bail conditions can be submitted to the court registry, and if the prosecution agrees, the Registrar may approve the changes.

You will have to attend a court hearing where magistrates often preside and will review the details of the breach, including the reasons for the violation and any present mitigating factors.

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Penalties & Consequences of Breaching Bail Conditions

Breaching bail conditions is a serious offence that can lead to significant legal repercussions. The consequences can be severe and may impact both your current matter and future legal proceedings. A bail breach can also complicate your legal matter and affect outcomes.

When you breach your bail conditions, you face several potential penalties such as:

• Being charged with additional offences separate from the original offence for which you were granted bail, or
• The court may consider the breach when sentencing you for the original offence, potentially leading to harsher penalties, or
• Depending on the severity of the breach, you could face fines or even imprisonment. If a surety was provided, the surety may be required to pay the bail amount if bail is breached.

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When a breach of bail occurs, the court has several options to consider. One option is to release you on the original bail conditions, if the breach is deemed minor or if there are mitigating circumstances.

Another possibility is that the court may vary your bail conditions to ensure better compliance. This could include stricter reporting requirements, additional sureties, or increased conditions. However, if the court finds the breach serious, it may revoke your bail, meaning you will be taken into custody, or refused any further bail applications.

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What happens to the surety deposited?

When you are granted bail, a surety, often a sum of money or property, is typically deposited as a guarantee that you will comply with the bail conditions and appear in court. To establish the origin and value of the funds or property used as security, a bank statement may be required as evidence for court approval. If you adhere to all the conditions and appear for your court dates, the surety is returned to the person who provided it.

However, if you breach your bail conditions, the surety can be forfeited. This means that the court can order the forfeiture of the entire amount or property deposited as a surety. This serves as a financial penalty and emphasises the importance of complying with all bail conditions.

Can I apply for bail again?

If you have breached your bail and your bail has been refused or revoked, you may still have the opportunity to apply for bail again. However, the process can be more complex.

After a breach, applying for bail again is possible but not guaranteed. You will need to demonstrate to the court that circumstances have changed or provide new evidence that justifies another bail application. The court will review this application, consider the reasons for the initial breach, and any changes that might ensure future compliance with bail conditions.

If you wish to reapply for bail after it has been refused or revoked, the court you apply to can vary: 

1. Local Court: You can initially reapply for bail in the same local court that handled your original bail application. However, the local court may be less likely to grant bail again without significant new evidence or a change in circumstances. 
2. Supreme Court: If the local court denies your reapplication, you have the option to appeal to the Supreme Court. This higher court will conduct a fresh evaluation of your case and the reasons for the previous bail refusal or revocation. 
3. Court of Criminal Appeal: If there are complex legal issues involved, you may need to appeal to the Court of Criminal Appeal. This court reviews the decisions made by lower courts and considers whether legal or procedural errors impacted your bail status.

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Responding to Bail Breach Accusations

Being accused of breaching bail conditions is a serious matter, and it is essential to understand the legal standards and how you can defend yourself against such accusations. 

To be found guilty of breaching bail conditions, the prosecution must prove beyond a reasonable doubt that you were granted bail and were aware of its conditions. They must then demonstrate that you failed to adhere to one or more of these conditions, such as missing a court date, failing to report to a police station, or violating other court-imposed requirements.

Faraj Defence Lawyers can provide comprehensive support and defence when you are accused of breaching bail conditions. We will thoroughly review the details of your case, including the bail conditions, the circumstances of the alleged breach, and any evidence presented to the prosecution. Our team will review the evidence to challenge any weaknesses or inconsistencies to prepare your defence. We will explore and present all possible defences on your behalf. This could include demonstrating that the breach was unintentional or that there were valid reasons for non-compliance. We can also try and negotiate with the prosecution to seek a more favourable outcome, such as a reduction in charges or alternative sentencing options. 

Defences to Breach of Bail

When facing accusations of breaching bail conditions, it is crucial to explore all possible defences. 

Several defences can be considered when contesting bail breach accusations. One possible defence is that you were not fully aware of the bail conditions or you misunderstood them. This can occur if the conditions were not clearly explained or if there was confusion about the requirements. Another defence is that the breach was unintentional.

Sometimes, breaches occur unintentionally, such as missing a court date due to an emergency, illness, or unavoidable circumstance. Additionally, the prosecution must prove beyond a reasonable doubt that you breached your bail conditions. If the evidence against you is weak, contradictory, or insufficient, this can be a basis for your defence.

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Special Circumstances: Domestic Violence and Bail

When bail is granted in cases involving domestic violence, the court often imposes stricter bail conditions to protect the alleged victim and prevent further harm. These bail conditions may include prohibitions on contacting the victim, requirements to reside at a particular address, or restrictions on attending certain locations.

Breaching bail conditions in the context of domestic violence can have especially serious consequences. In addition to facing penalties for the breach itself, the accused may also be charged with further offences, such as contravening an Apprehended Domestic Violence Order (ADVO). These offences can carry significant penalties, including fines and imprisonment, and are treated with particular gravity by the courts.

If you are accused of breaching bail conditions related to domestic violence, it is vital to seek advice from an experienced lawyer who specialises in criminal law and domestic violence matters. Legal representation can help you understand your rights, navigate the complexities of the law, and present your case effectively in court.

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Special Circumstances: Indictable Offence and Bail

Committing an indictable offence while on bail is regarded as a serious breach of bail conditions and can have severe legal consequences. An indictable offence is a serious criminal offence that is typically heard in a higher court, such as the Supreme Court, and often carries a maximum penalty of more than two years imprisonment.

If a person is found to have committed an indictable offence while on bail, this not only results in additional charges for the new offence but also constitutes a breach of bail. The court will view this as an aggravating factor, which can lead to the refusal of future bail applications or the imposition of much stricter bail conditions if bail is granted again. The risk of imprisonment increases significantly, and the accused may face harsher penalties for both the original and new offences.

Given the complexity and seriousness of these circumstances, it is essential to obtain legal advice from a criminal lawyer as soon as possible. An experienced lawyer can help you understand the implications of breaching bail by committing an indictable offence and work with you to prepare a strong defence for your case.

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Impact on Future Legal Proceedings 

Breaching bail conditions can have serious repercussions on future legal proceedings. When you breach bail, it negatively affects your credibility and reliability in the eyes of the court, making it more difficult to secure bail in future cases. ‍

This can result in extended periods in custody, complicating your ability to prepare your defence. Additionally, courts can often consider a bail breach as an aggravating factor during sentencing, leading to harsher penalties for the original offence. ‍

We have seen firsthand how breaches can complicate cases, highlighting the importance of adhering to bail conditions and seeking legal advice if challenges arise.

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What if you're unable to comply with bail conditions?

It is crucial to be proactive if you find yourself in a situation where complying with your bail is difficult. 

‍If you realise that compliance with bail conditions is not possible, it is essential to inform the police or court as soon as possible. Communicating any issues can demonstrate your commitment to following legal procedures and may help prevent a breach of bail from being formally recorded. 

‍If you are entirely unable to comply with the bail conditions, you can submit an application to vary your bail conditions. This process involves formally requesting the court to change the conditions to something more manageable given your circumstances. By seeking a variation, you can ensure that the conditions are realistic and achievable, thus avoiding a breach and its penalties. 

‍Faraj Defence Lawyers can assist you in both communicating with authorities and submitting an application to vary your bail. Our team will help you navigate the process, ensuring that your rights are protected and that you have the best possible chance of maintaining compliance.

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Tips to Avoid Breaching Your Bail

1. Read your bail agreement carefully so that there is no confusion about your bail conditions. Understanding your bail conditions thoroughly is crucial. Reading your bail agreement carefully ensures there is no confusion about what is expected of you, helping you avoid breaches.

2. Attend all required court appearances: Make sure to attend all scheduled court appearances. Missing a court date can result in a breach of your bail, so it is important to keep track of all your obligations. 

3. Communicate with your lawyer: Regular communication with your lawyer can help you stay informed and prepared. Your lawyer can provide guidance and support, ensuring you understand and meet your bail conditions. 

4. Stay organised and set reminders: Staying organised and setting reminders for court dates and other obligations can prevent you from forgetting important deadlines. Using a calendar or a reminder app can help you manage your schedule effectively. 

5. Understand the consequences: Being aware of the serious consequences of breaching bail can motivate you to comply with all conditions. Knowing that a breach can lead to additional charges, revocation of your bail, and harsher penalties will encourage you to follow the conditions. 

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‍Speak to our legal experts today

Navigating bail conditions can be complex and challenging. If you have any issues regarding your bail conditions, need legal advice, or wish to vary your bail conditions, it is crucial to seek professional assistance.

Our experienced team of criminal defence lawyers has expertise not only in criminal law but also in family law, providing comprehensive legal support. We can provide you with the guidance and support you need to ensure compliance and protect your rights. Speak to our legal experts today to get the assistance you will need to navigate your bail conditions and avoid any breache.

Call us now at (02) 7813 0950 or schedule in a free initial consultation virtually or at our Parramatta Office.

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