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Breach of Bail in Western Australia
A bail undertaking is a promise in writing made by a person who has been charged with an offence that they will come to court when required and comply with conditions. If a person fails to adhere to bail conditions, they may have their bail revoked and may also be charged with the offence of breach of bail. This page outlines the offence of breach of bail and the consequences of breaching bail.
What is breach of bail?
Common breaches of bail include failing to attend court without a reasonable excuse, committing a further offence while on bail, and failing to comply with other bail conditions.
Breaches of bail that consist of failing to comply with conditions can include failing to report to the police as required, failing to abstain from drugs and alcohol as required and failing to abide by a curfew as required.
Offence of breaching bail
In Western Australia, breaching bail is a criminal offence. This means that if you are found to have breached your bail, you may be charged with a new offence as well as having your bailed revoked.
The offence of breach of bail is set out in section 51 of the Bail Act 1982 . It carries a maximum penalty of a fine of $10,000 or imprisonment for three years. If a person is convicted of the offence, it will appear on their criminal record, and this will be taken into account in any future bail applications they make.
Breach of protective bail conditions
Protective bail conditions are conditions that were set to protect persons or property or to prevent interference with evidence. Examples of protective bail conditions include not to contact a person (usually an alleged victim or potential witness), and not to attend a particular address or location.
The court considers a breach of a protective bail condition to be a serious offence. If a person is found guilty of breaching a protective bail condition, it may be very difficult to get their bail re-set.
Mitigating circumstances
If a person has a good explanation or excuse for breaching their bail, they should ensure they keep documentation of this reason and bring it to court. The police may decide not to charge a person if satisfied that they had a good reason for the breach – for example, a medical emergency.
If a charge is laid, evidence of the reasons for the breach may be presented to the court. The court will consider the circumstances of the breach, submissions made by the defence, and any aggravating or mitigating factors when it decides on the sentence to impose.
The court will also consider the reasons for the breach when deciding whether to continue the person’s bail after they have been charged with a breach of bail.
Bail surety
If a person is on bail and there is a surety attached to the bail undertaking, the breach of bail may result in the surety being forfeited. A surety is a sum of money that a person agrees to pay if the accused does not adhere to the conditions of their bail. A surety may be promised by the accused themselves, or by another person, such as a family member or employer.
Other offences
There are several other criminal offences relating to bail in Western Australia. It is an offence to give false information when applying for bail or for a variation of bail. It is also an offence for a person offering themselves as a surety on a bail to deliberately or recklessly make a statement that they know is false.
The maximum penalty for either of these offences is a fine of $1,000, 12 months imprisonment, or both.
Bail variations
If a person’s circumstances change and it becomes difficult for them to comply with their bail conditions, they should immediately make an application to vary the conditions of their bail.
The court may be agreeable to changing the conditions of bail if the person can demonstrate a good reason why their bail conditions should be changed. For example, if a person is required to report to the local police station every day and then becomes employed on a full-time basis and has difficulty fitting in daily reporting to the police around a busy schedule, an application could be made to vary the reporting requirement to once a week.
It is important to seek a bail variation as soon as you become aware that you will have difficulty complying with bail conditions to avoid being charged with breach of bail.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
