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Bail applications or Breach of Bail


Bail and Bail Surety

Bail is the term applied to the temporary release of an accused person awaiting trial. Bail is sometimes granted on condition that a sum of money (known as a surety) is lodged. This is to guarantee their appearance in Court on a particular date. Bail can only be granted by a bail authority such as a police officer (police bail) or a judge. 

However, bail might be refused for particular reasons, or if you have been charged with serious offences. The Court may also request that an acceptable person - such as a close relative - act as a surety for you to comply with your bail conditions. The Magistrate or judge will take into account:

  • what the police officers say you’ve done, how strong the evidence is, and how serious the charge is;
  • whether your charges relate to domestic or family violence matters;
  • if you have a place to live;
  • if you have a job;
  • if you have a criminal history (and what it relates to);
  • if you have missed other court dates in the past;

Bail conditions

If you have committed an offence and are granted bail, sometimes it will have conditions attached called bail conditions. These conditions and requirements can include surrendering your passport, not leaving the State, staying at the same address, not to contact specified persons or reporting to police. 

An important bail condition is that you do not commit further offences while on bail (this would be considered aggravated offence). If you break a condition of your bail, fail to report to a police station or don’t appear in court when you’re supposed to, you're committing a criminal offence. If any conditions of bail are breached, an arrest warrant can be issued. Seek immediate legal advice from an experienced criminal lawyer if:

  • you breach bail by not complying with a bail undertaking (you may be rearrested);
  • you miss your court date;
  • you need to change your bail conditions (without legal advice you may inadvertently breach your bail); or
  • if you are considering providing a surety for someone;
  • whether they think you are a danger to other people; and
  • whether they think you will break the law again.

Breach of Bail

Your bail is contingent on a set of individual bail conditions, which are set by a Police Officer or by the court, and is agreed on by you in an “undertaking of bail”. A breach of bail conditions in Queensland often has serious implications, so it is important to read your bail undertaking carefully and make sure you understand the conditions under which you must comply. If you fail to comply with any of your bail conditions you can be arrested without warrant or charge and your bail could be revoked (cancelled).  Defendants should also be aware that a breach of bail conviction will work against them in future bail applications. There are multiple offences that can constitute bail breaches:

Not attending drug or alcohol assessment

Depending on the offence you are on bail for and your conditions of bail, one of your bail undertakings may require you to go to an alcohol or drug rehabilitation program or attend regular drug testings. If you fail to attend, the court may be notified and you are risking your bail to be nullified and additional charges may be filed. It is recommended you go to the police station yourself rather than being arrested if you fail to comply with your bail conditions. 

Commit an offence while on bail

A common situation leading to a breach of bail is where the defendant commits an indictable offence whilst on bail in relation to another matter. This occurs when a person is found guilty of committing an offence that carries more than two years imprisonment whilst on bail. You can be fined up to 30 penalty units or ordered to serve up to three months imprisonment if you’re found guilty of committing an indictable offence while on bail. As mentioned above, offences while committed on bail is considered aggravating due to you agreeing to- and effectively breaching the undertaking to not commit further offences if granted bail, which is the core condition for the granting of bail.

Failure to appear in court

The most serious breach of a condition of bail is failure to appear before court. Where a defendant on bail fails to appear before the court in accordance with the undertaking, the court may declare the undertaking to be forfeited. If you are arrested for failure to show up before court you have to present a reasonable excuse, also known as show casue (e.g., a medical certificate) before a Magistrates Court. With no approved excuse, the maximum penalty for the offence of failure to appear before court is 40 penalty units or two years imprisonment

If you fail to turn up on the court date stated in your bail undertaking or do not comply with one of the conditions, even if you have a legitimate excuse, you should seek legal advice immediately. 

What if I have a criminal record?

Your chances of securing bail may be affected by a previous criminal record. This is especially true in cases where the defendant’s previous offences are similar to the current charge, or have previously committed offences while on bail.

If you have failed to attend Court in the past, to provide the Court with surety, it may require you to explain the reasons for this failure and to provide a guarantee that it will not happen again

Bail Application Lawyer David Cole is experienced in negotiating with the police prosecution about specific bail conditions that may be imposed to enable you a greater chance of securing bail.

Bail Application Lawyer

David is well respected by his peers for his thorough understanding of criminal, traffic law and family law and ability to provide clear, concise legal advice during the bail application process. He is available to appear in all State and Federal Courts in Australia, whether Local, Magistrates, District or Supreme Court and is happy to represent clients Australia wide and fights to ensure that your bail application is granted.

If you need assistance with applying for bail, or dealing with a breach of bail charge, contact David Cole for expert legal representation and advice.

David is a devoted Criminal Lawyer with ample practical experience in Court. Contact David Cole on (07) 5630 4000. David is also available for representation and counsel throughout Queensland and NSW in the Tweed Heads, Byron BaySunshine CoastCairnsTownsvilleMackayMaryborough, Gladstone and Proserpine regions.

Have you been charged?

To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David.

Use the contact form or call now on 0407 322 955. (Available 24/7)

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