Breach of Bail in Victoria
Breach of Bail in Victoria
In Victoria, a person who has been charged with an offence can be conditionally released from custody either by the police or by a court. This is known as bail. The law in Victoria relating to bail is the Bail Act 1977. Bail is granted on the condition that the person attend court to answer the charges against them. It may also have numerous other conditions attached to it. A breach of bail in Victoria is a criminal offence that can result in a sentence as well as the revocation as bail. This article deals with offences relating to breach of bail in Victoria.
Prodecures for breach of bail
A police officer or a protective services officer can arrest any person who is on bail if they believe that they are likely to break a bail condition, if they are breaking or have broken any bail condition. A warrant is not required to do this. However, the court can issue a warrant for the arrest of a person released on bail if they fail to come to court when required under the bail, or if there is a need to impose additional conditions or security on the bail.
If a person is found to have breached their bail, the court may also decide to revoke or vary their bail, depending on the circumstances.
Failure to attend court
If a person who has been released on bail fails to attend court when required, the court can choose to extend bail. It may do so if satisfied that the reason for the person’s non-attendance is illness, accident or some other good cause.
If a person on bail fails to come to court as required under their bail agreement or fails to surrender themselves into custody if required, they may be charged with an offence under section 30 of the Bail Act 1977. This carries a maximum penalty of two years imprisonment.
Breaching a conduct condition
If a person on bail breaches the conditions of their bail, they may be charged with an offence under section 49F of the Summary Offences Act 1966. This offence may attract a fine of up to 30 penalty units, or imprisonment for up to three months.
Committing offence on bail
If a person commits an indictable offence while on bail, they may be charged with an offence under section 30B of the Bail Act 1977. This offence may attract a fine of up to 30 penalty units, or imprisonment for up to three months.
Forfeiture of surety
In some cases, the conditions for the release of an accused person on bail may include entering into an undertaking by one or more sureties. The surety may also have to deposit a sum of money or other security.
The surety has a responsibility after signing the bail to do their best to make sure that:
- the accused person surrenders themselves into custody if required.
- the accused person appears at court when required.
If the accused person doesn’t come to court, the surety on their bail may have to forfeit the amount set by the court. However, a surety can apply for an order varying or cancelling that forfeiture. The surety’s obligations under the bail continue until the matter is finalised or until they are discharged from their liability.
It is an offence in Victoria for any person to indemnify, reimburse or guarantee any surety’s obligation under the bail, or to offer to do so. When this occurs, both the surety and other person may be found guilty of this offence, with a penalty of up to three months in prison.
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Michelle Makela
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Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.
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