What Constitutes a Breach of Bail
If you are arrested and released on bail, you will sign a document known as an “undertaking of bail”. By signing this, you enter into a legal agreement with the Court, consenting to attend Court sessions as directed and abide by bail conditions. The conditions of bail may include,
- home detention
- eliminate contact with specific people or groups
- surrendering a passport
- submitting to a physical and/ or mental health assessment
- attendance in a rehabilitation or treatment program
- you to abide by a curfew
In Western Australia, you are considered to be in breach of bail if,
- You fail to attend Court
- Provide false information to obtain bail.
- Commit additional offences while you are already on bail.
- Violate protective bail conditions or any of the conditions imposed.
Penalties for Breaching Bail
The penalties for breaching bail without a reasonable and verifiable excuse are outlined in Section 51 of the Bail Act 1982 WA. A conviction on this offence can result in a maximum fine of $10,000.00 and/or a three-year jail sentence. Additionally, the conviction will appear on your criminal record, potentially preventing future bail.
Other potential penalties for breaching bail include,
- Your bail could be revoked, and you are taken into custody until your trial date.
- Imposition of stricter conditions of bail
What is Home Detention?
Home detention bail may be possible. However, specific requirements must be met,
- There is a suitable location for home detention
- Home detention must be imposed before bail is set
How Can Home Detention be Imposed?
There may be several conditions imposed if the Court grants you with a Home Detention Bail. They may include,
- Wearing an electronic tracking device or consenting to the installation of a monitoring system in the home
- Remaining within the determined area
- Not to consume alcohol or partake of illicit drugs
- Agreeing to meet with police or corrections officers without notice
- Submit to random urinalysis
- Obeying Orders of Community Corrections Officers
Procedure for a Suspected Bail Breach
If you breach your bail conditions, a warrant for your arrest can be issued. Additionally, the Court can,
- Revoke bail
- Detain you
- Schedule an appearance in Court at a specific time
- Release you with your original bail terms
- Release you and modify your bail terms
Sureties
The term surety is usually referring to the person who promises to pay a specified amount if you do not abide by your bail conditions. The term may also refer to the amount that will be paid if you breach bail.
If a surety believes you have or will soon breach bail, they have the right to arrest you with or without police assistance. If a surety takes you into custody, they must deliver you to the police as soon as possible.
A surety can apply to the Court to terminate their undertaking to be an accused’s surety. Once the surety withdraws their undertaking, the Court can issue a warrant for your arrest if you are not able to present with another suitable surety.
Breaching bail is an offence in Western Australia, so to ensure the matter is dealt with in a timely manner, please feel free to contact us. Our team at WN Legal has extensive experience defending accusations of bail breach. Our law firm will explore every avenue to assist you, and we view your case from a technical and practical perspective. We use these details to achieve the best outcome possible.
