Bail Offences

You should get legal advice from us if you have been charged with an offence. Book an appointment now. 

What the police need to prove 

  1. The accused signed an undertaking on which the accused was granted bail requiring their appearance before a Court. In some cases, the undertaking may also have required the accused to comply with conditions imposed for their release on bail. Usual conditions imposed in bail undertakings relate to:
    1. Residency; 
    2. Reporting to a specific police station within certain times; 
    3. Curfew; and 
    4. No contact with the complainant, named witnesses and on occasion, co-accused.
  2.  The accused broke a condition of that undertaking.

What the police need to prove

  1. The accused signed an undertaking on which they were granted bail requiring their appearance before a Court.
  2. The accused failed to surrender into custody in accordance with the undertaking.
  3. Without reasonable cause; and
  4. The accused was apprehended under a warrant issued pursuant to s28 or ss28A(1)(a), (b), (c) or (d) of the Bail Act 1980.

Possible defence for breach of bail undertaking

It is a defence for the accused to show on the balance of probabilities that they had reasonable cause:

  1. For failing to surrender into custody in accordance with the undertaking; and
  2. For failing to appear before the Court specified in the undertaking and surrender into custody as soon as is reasonable practicable.

The law changes from time to time and the above information may not be accurate at the time of your viewing. You should book an appointment with us for advice, as different information may apply.

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