Breach of brail in Western Australia is considered a criminal offence. An arrest warrant will be issued, and the accused will go back to the custody of the authorities. Although you may have a reasonable defence for not meeting bail conditions, you may face additional charges if your fail to justify the breach of your bail undertaking.
Setting Bail Conditions
Failing to comply with the set of conditions stipulated in the Bail Undertaking can lead to a breach of bail. The most common conditions attached to a bail undertaking are as follows:
- Attending to court when summoned as stated I the bail undertaking
- Personal Undertaking or paying the amount agreed to the Court upon failure to appear when summoned
- Surety Undertaking or having a person agree to pay the amount of money agreed to the Court upon failure to appear when summoned
- Report to a police station on required days
- Abide to a stipulated curfew
- Reside on one address only or comply with home detention
- Refrain from entering specified areas
- Avoid contact with witnesses
- Receive treatment from a doctor or psychiatrist as specified by the Court
- Not to re-offend while on bail
- Protective bail conditions such as staying away from specified people or addresses
What happens if I do not follow my bail conditions?
Bail undertakings continues up until charges to the accused are finalized in court. Failure to comply with the bail conditions may lead the Court to revoke the bail. Surety will be forfeited, and the action can be used as additional evidence to the trail. Not following bail conditions may lead to a breach of bail that will most likely prevent you from getting a bail, even for a new offence.
The following conditions can lead to a breach of bail as stipulated under the Bail Act 1982:
Failure to Appear on Court
Absconding or failure to appear on court while on bail is a criminal offence. A warrant arrest will be issued, and the accused will go back to the custody of the police. Such actions can be used as new evidence for the trial together with a fine. A maximum fine of $10,000.00 and a maximum prison sentence of 3 years is imposed upon breach of bail. This will also appear on your criminal record and may hinder you from getting a bail application approved, in the future, even for a different offence.
Protective Bail Conditions Breached
Protective bail conditions include refraining contact with witnesses, specified people and specified addresses as stipulated in the Bail Undertaking. Such conditions are set to protect any person, or property. Such conditions are also imposed to prevent interference with witnesses and evidences. Breaching protective bail conditions is a serious offence and makes it difficult to get a bail re-set approved. A maximum fine of $10,000.00 and a maximum prison sentence of 3 years is imposed upon breach of bail under this condition.
Fraud Statement for Bail Application
Giving false statement and information to avail a bail can also lead to a breach. If the person accused also happens to be the surety of the bail undertaking, he is assumed to create a false statement and is therefore revoked for bail. A maximum penalty of $1,000.00 and a maximum prison sentence of 12 months is applied for such bail breach conditions.
Can I have my bail re-set?
You can have your bail re-set even after absconding court if you can provide concrete and reasonable evidences for failing to arrive to Court. If you fail to appear in Court under reasonable circumstances, it would be advisable to go to Court as soon as possible. Do not wait for the police to arrest you to increase the possibilities of a bail re-set.
How to apply for a variation in bail?
If you find it difficult to comply with the bail conditions set on your bail undertaking, you can apply for a variation in your bail. You can apply for such of there are new facts governing your case or if there are changes in your circumstances.
It would be advisable to apply for a variation in bail on the date that you are next due in court. However, if you would want to get it sooner, for justifiable reasons, you may contact the Court and ask for an early listing.
How our bail application lawyers can help you?
If you found yourself in need of a variation in bail or if you have committed an offence whilst on bail, get help from Kean Legal Barristers & Solicitors. Contact our expert bail application lawyers to assist you anytime of the day. We can also assist on weekend bail application.
To find out how we can help you, contact the bail application lawyers on +61 8 6323 8613.