Breach Of Bail (WA)

If you’re facing breach of bail conditions, it’s best to seek legal advice from a criminal defence lawyer as soon as possible.

Even when a mistake seems minor, such as missing a reporting requirement, breaking bail conditions can lead to serious consequences. 

Any breach of bail, no matter how minor, could lead to an additional offence having been committed, and even if a separate charge is not laid, most commonly it can result in you being arrested for failure to comply with your bail conditions and you risk remaining in custody whilst your matter is pending if you cannot convince a Court to reissue you with bail again. 

As always, you should seek legal advice before you speak to the police. Anything you say to them could be treated as an admission in respect of a breach of bail. 

That’s why a criminal law specialist is in the best position to advise you on how to proceed.

Potential breaches of bail need to be dealt with urgently. If police are aware of the breach of bail, they can arrest you without any further notice to you. It is imperative that you get advice quickly from a criminal lawyer about how to deal with the situation.

A criminal lawyer can assess the circumstances surrounding the matter, explain whether your actions are likely to amount to a breach and advise you on the most appropriate way to respond. 

Receiving legal advice from a criminal defence lawyer early on empowers you to make informed decisions about your situation. With Armstrong Legal’s support, you place yourself in a clearer legal position as your matter progresses.

This will depend on the condition that you have breached and why you breached it. 

You should be aware that medical certificates obtained after something has occurred (i.e. in the days following) are generally not regarded as sufficient evidence and need to be obtained on the day the non-compliance occurred. 

They also need to be specific. A certificate that says “John Smith is not fit for work” will, in and of itself, not be a sufficient explanation for breach of bail conditions in most circumstances. 

Expert criminal solicitors will be able to advise you on any supporting information that should be gathered to assist with a further bail application if you have been arrested, or can advise what material to try to obtain in advance of that occurring.

Such documents might include work schedules, medical certificates, appointment confirmations, transport receipts, parking records, phone logs, text messages, emails, screenshots and authenticated location records. 

In some situations, a person may contest or challenge allegations of breach of bail conditions. 

Bail breach allegations can affect family and household arrangements, primarily because if you are arrested for a breach of bail, it is likely that if you are granted bail again, it will be subject to more stringent restrictions.

Transport delays can affect a bail breach allegation when bail conditions require a person to be present at a mandated location, such as Court attendance requirements or to report to police at a certain time, or to comply with a curfew. 

There are situations where an unexpected delay in transport may occur, but this in and of itself does not mean that you won’t be in breach of your bail. Bail conditions are applied strictly, and it is your responsibility to ensure that you are complying with them. Generally speaking, offences for breaching bail conditions create a “reasonable excuse” exception.

What is reasonable will depend on all of the facts and circumstances. However, if you have failed to report to the police on time because there were train delays, this might be reasonable in some circumstances, but it might not be reasonable if you have left it far too late to try to allow for contingencies in the first place.

Also, whilst this might create a defence for an offence, it will not change the fact that you have in fact breached your bail and such still gives rise to the ability for police to arrest you and make a detention application for you to be bail refused, or for stricter conditions to be imposed before you are released.

This is why it is critical to have a criminal law expert, or assault lawyer, assist you to ensure that bail conditions that are imposed initially are practical and workable, and if they are not, to attempt to do a bail variation before problems are encountered. 

If you are concerned you might be in breach of your bail, or you think that you cannot comply with your existing bail conditions, you should get legal advice immediately. 

Armstrong Legal’s team of criminal law specialists can guide you through the process.

If the extent or coverage of one’s bail conditions is not clear, it’s in the person’s best interests to seek legal advice from a criminal lawyer before making assumptions. 

Bail conditions are unique for each person, as they are set based on multiple factors. It’s your responsibility to ensure that you understand your bail conditions, and if you do not understand them properly and breach them as a consequence, this is incredibly unlikely to be a reasonable excuse.

Courts and police interpret conditions strictly, regardless of whether or not the person was aware of or misunderstood the conditions of their bail. It is your responsibility to get advice if you are unsure. 

A drink driving lawyer can best explain how the conditions apply, what they mean, and what is and is not permitted pursuant to them.

Facing a breach of bail can feel bewildering and daunting. At Armstrong Legal, our team of Accredited Specialists in Criminal and Traffic Law can provide legal help for non-compliance with bail conditions, as well as matters like surety obligations, and advise on the safest next steps. 

With clear and honest legal advice, the person can reduce the risk of an accidental breach of their bail. You deserve clarity and reassurance in such tough times. Call us now for an assessment of your case.