In Western Australia, a “bail undertaking” is a document signed by an Accused which is tantamount to a promise to the Court that the Accused will attend hearings when required and comply with any other condition/s the Court directs.
Understanding Breaching Bail
Breaching bail is considered a serious criminal offence. Some common breaches include failing to attend court, giving false information to obtain bail, committing further offences whilst already on bail and violating protective bail conditions.
Legal Consequences
Under section 51 of the Bail Act 1982 (WA) the offence of breaching bail without reasonable excuse carries a maximum fine of $10,000.00 and/or imprisonment for 3 years.
If convicted, the offence will appear on your criminal record and may affect the success of any future bail applications.
Further consequences of breach may include:
- Variation of your bail conditions to include stricter conditions
- Your bail will be revoked entirely and you will be immediately remanded in custody until the date of your trial or other hearing as directed by the Court
- If the breach isn’t considered serious you may be released on the original undertaking, or with only minor variations
It can be only too easy to unintentionally breach your bail so it is vital you read your bail undertaking carefully and get legal advice if there is anything you don’t understand. If your circumstances change and it becomes difficult for you to comply with your bail conditions it is IMPERATIVE you make an application to vary your undertaking to minimize the risk of breach.
If you are seeking further legal advice on this issue or require assistance, please contact Appius Lawyers and speak to one of our experienced criminal lawyers.
