Breach of Bail
If a person is charged and released on bail, they must sign an “undertaking of bail”. By this undertaking, the person agrees to attend Court as directed and abide by conditions. A Breach of Bail is considered a serious offence in Victoria, by Police and the Courts. If a person does not comply with their bail conditions, they can be arrested and charged. Bail in Victoria is governed by the Bail Act 1977 (VIC).
Breaches
Breaches of bail can include the following circumstances:
- Failure to attend in accordance with a bail undertaking;
- Commission of an indictable offence while on bail.
Failure to Answer Bail
If a person does not attend Court in accordance with their bail undertaking, they will be liable to a maximum penalty of imprisonment for 2 years.
Committing an Indictable Offence
If a person released on bail commits an indictable offence (an offence that carries a maximum penalty of more than 2 years imprisonment), they will be liable for a maximum penalty of 30 penalty units or imprisonment for 3 months.
Arrest
Under section 24 of the Act, a Police or protective services officer can arrest a person who has been released on bail if the officer:
- reasonably believes the person has breached or is likely to breach a bail condition;
- is notified in writing by any surety that the person on bail is likely to breach a condition to appear in Court and the surety wants to end their obligation as surety;
- reasonably believes that a surety is dead or that security is no longer sufficient.
If a Protective Services Officer makes an arrest, they must hand the person to Police as soon as possible. A Police Officer must bring the person before a Court or bail justice within 24 hours.
The Court or bail justice has several options:
- revoke bail, remand the person in custody, and direct that the person be brought before the Court at a specific time;
- release the person on their original undertaking;
- release the person on a new undertaking with or without sureties.
If a child is arrested, they must not be held in custody for more than 21 days.
Bail Guarantor
A bail guarantor refers to a person who gives a bail guarantee, usually money, to secure a person’s compliance with bail. Their guarantee is backed by a security, usually money or a house, which is forfeited in the event of a breach.
The bail guarantor must be aged 18 and not under any disability in law. In considering whether a proposed guarantee is suitable, a bail decision maker may consider their financial resources; their character and any convictions, and their proximity (in kinship or geography) to the person on bail. The bail decision-maker can require them to lodge in cash the amount of bail, or lodge documents of ownership and the value of property to the amount of the bail. Such documents include a certificate of title for a property, an independent valuation or a bank statement of a mortgage on a property.
For advice or representation in any legal matter, please contact Armstrong Legal.
This article was written by Jonathan Brancato
With a career dedicated solely to criminal and quasi-criminal law, Jonathan is a highly experienced advocate committed to providing his clients with expert legal guidance and representation. Having worked across a wide spectrum of criminal cases—from traffic offences to complex homicide and mental impairment matters—Jonathan is well-equipped to handle all aspects of criminal law with professionalism and care. Jonathan regularly...
