What Happens If I Breach Bail?
If you are asking what happens if you breach bail, the consequences can be serious. Bail is a court order that allows you to remain in the community while your criminal charges are before the court. In return, you are expected to comply with the conditions imposed by the court or Victoria Police. If you fail to do so, you may be arrested, have your bail revoked and, in some circumstances, face further criminal charges.
Breaching bail does not automatically mean you will be sent to prison, but it can make it significantly more difficult to remain on bail while your case is ongoing. If you believe you have breached a bail condition or are at risk of doing so, you should obtain legal advice immediately.
At Wilkinson Lawyers, we regularly advise clients throughout Ballarat, Melbourne and regional Victoria about alleged breaches of bail and represent clients in bail applications and criminal proceedings.
What Is a Breach of Bail?
A breach of bail occurs when you fail to comply with one or more of the conditions attached to your bail.
Common examples include:
failing to report to a police station as required;
breaking a curfew;
contacting a person you have been ordered not to contact;
attending a prohibited location;
failing to live at your approved address;
consuming alcohol or drugs where prohibited by your bail conditions; or
failing to attend court.
Every bail condition is legally binding and should be taken seriously.
Will I Be Arrested If I Breach Bail?
You may be.
If police believe you have breached your bail conditions, they have the power to arrest you and bring you back before the court.
Whether you are arrested will depend on the nature of the alleged breach and the surrounding circumstances.
In some cases, police may issue a summons requiring you to attend court, while in others you may be taken into custody immediately.
Can My Bail Be Cancelled?
Yes.
If the court is satisfied that you have breached your bail conditions, it may revoke your bail.
If this occurs, you may be remanded in custody until your criminal charges are finalised or until you successfully obtain bail again.
The court will consider the seriousness of the breach and whether you continue to be a suitable candidate for bail.
Will I Be Charged With Another Offence?
Possibly.
Whether breaching bail is itself a criminal offence depends on the circumstances and the nature of the alleged breach.
For example, failing to attend court without a reasonable excuse is a criminal offence.
Similarly, if your breach involves committing another criminal offence while on bail, you may face additional charges arising from that conduct.
Even where the breach itself does not result in a separate criminal charge, it may still have significant consequences for your existing bail.
What Happens at Court After a Breach?
If you are brought before the court following an alleged breach of bail, the Magistrate will consider:
the nature of the alleged breach;
whether the breach was deliberate;
your history of complying with bail;
the seriousness of the original charges;
whether you continue to present an unacceptable risk; and
whether bail should continue.
Depending on the circumstances, the court may:
continue your existing bail;
vary your bail conditions;
impose additional conditions;
revoke your bail and remand you in custody; or
adjourn the matter for further hearing.
Every case is determined on its own facts.
What If I Accidentally Breached My Bail?
Not every breach occurs deliberately.
For example, you may:
misunderstand a reporting requirement;
accidentally miss a curfew because of an emergency;
attend the wrong address; or
inadvertently come into contact with a prohibited person.
While the court may take these circumstances into account, it is important not to assume that an accidental breach will be overlooked.
If you think you may have breached your bail, you should seek legal advice immediately.
Can My Bail Conditions Be Changed Instead?
Sometimes.
If your circumstances have changed and you are finding it difficult to comply with your bail conditions, it may be possible to apply to vary those conditions.
For example, you may need to:
change your residential address;
vary your curfew because of work;
reduce reporting requirements; or
amend other conditions that are no longer practical.
It is always better to apply to change your bail conditions before a breach occurs than to ignore them.
Will a Breach Affect Future Bail Applications?
Yes.
A history of breaching bail can make it more difficult to obtain bail in the future.
If the court is considering another bail application, your previous compliance with bail conditions is likely to be a relevant factor.
A demonstrated history of complying with court orders generally places an accused person in a stronger position than someone who has repeatedly breached bail.
Why Early Legal Advice Matters
If you are concerned that you have breached bail, or believe you may be accused of doing so, obtaining legal advice as early as possible is important.
An experienced criminal defence lawyer can explain your legal position, represent you if you are brought before the court, and advise whether an application to vary your bail conditions may be appropriate.
Early legal advice can often minimise the consequences of an alleged breach and help protect your ongoing bail.
Speak to a Criminal Defence Lawyer
If you have breached bail or are being investigated for an alleged breach of bail, Wilkinson Lawyers can provide clear and practical legal advice.
We regularly represent clients in bail matters throughout Ballarat, Melbourne and regional Victoria. Whether you need advice about your bail conditions, have been arrested for an alleged breach or require representation in court, we can help.
If you are wondering what happens if you breach bail, contact Wilkinson Lawyers today to arrange a confidential consultation and obtain experienced legal advice about your options.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
