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Breach of Bail (ACT)
When a person is charged with criminal offences in the ACT, they may be remanded in custody or released on bail pending the finalisation of the charges. The laws about bail in the ACT are contained in the Bail Act 1992. If a person does not comply with the conditions of their bail, they are in breach of bail. This may lead to a number of consequences. This article deals with breach of bail in the ACT.
What is a breach of bail?
A person may be in breach of their bail because they fail to attend court when required, because they commit an offence while on bail, or because they fail to obey a condition of their bail.
When a person breaches their bail, their bail may be revoked. If the breach consists of failing to attend court when required to do so, they may also be charged with the offence of breach of bail. If a person is found guilty of the offence of breach of bail, they will be given a sentence for that offence.
Arrest for breach of bail
If a person is on bail and a police officer believes on reasonable grounds that they have breached their bail, the police officer can arrest them without a warrant. If the person has failed to attend court, the police may also charge them with the offence of breach of bail. The person must then be taken before a court as soon as possible.
Varying or revoking bail
When a person appears before a court for a breach of bail, they may admit breaching their bail or they may deny the breach.
If the person admits the breach, the court may:
- revoke their bail and remand them in custody
- vary the conditions of their bail
- grant them bail again with no changes.
If the person denies the breach, the court will hold a hearing to determine whether bail was breached. The court will hear evidence and submissions and then make a decision. If the court is satisfied that the person breached their bail, it will proceed to take action in relation to their bail. This may involve revoking or varying bail or rebailing the person.
Offence of breach of bail
It is an offence under section 49 of the Bail Act for a person who is on bail to fail to come to court when they are required to. The maximum penalty is a fine of 200 penalty units or imprisonment for two years or both.
It is a defence to the charge of breach of bail if the person has a reasonable excuse for failing to comply with the bail. For example, if a person failed to attend court because of a medical emergency, this could be relied on as a defence.
Sureties
In some cases, a person will be placed on bail with a condition that they (or another person) must provide a surety. This is an amount of money that a person agrees to forfeit if the accused does not attend court when they are required to.
If a person is bailed with a condition that a surety is paid, this money is forfeited to the ACT government if the person does not come to court. If the amount has not been deposited, the court may order that the person responsible for providing a surety pay the amount to the Territory. The person will then be sent a notice to pay. If, after 28 days, the amount has not been paid it may be recovered as if it were a fine.
In the ACT, it is an offence for anyone to reimburse or compensate someone for their liability as a surety on an accused person’s bail, or agree to do so. The maximum penalty for this offence is a fine of 200 penalty units, imprisonment for two years, or both.
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