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What Happens If I Breach Bail in Western Australia?

Breaching bail is a serious offence. A lawyer can advise you whether you have a defence to the charge.

If you are arrested or charged with a crime in Western Australia, you will probably be granted bail. A bail undertaking is your written promise to come to court for future proceedings. The court might attach other conditions to the undertaking.

The breach of a bail condition is a crime. This article will help you understand the offence of breaching bail.

Bail Conditions

Every bail undertaking includes a promise to come to court whenever the court schedules a proceeding that requires your attendance. The undertaking will also require that you commit no new crimes. In addition, your undertaking may require you to:

  • Report to the police at regularly scheduled times.
  • Live in a particular place.
  • Stay in your home at night or during other scheduled times.
  • Maintain your employment.
  • Avoid contact with certain people.
  • Stay away from certain places.
  • Comply with treatment recommendations made by a doctor or mental health provider.

What if I cannot make it to court?

If you have a legitimate reason (such as hospitalization) that prevents you from attending court as scheduled, tell your lawyer. It may be possible to get the hearing rescheduled. If you do not have a lawyer, call the court and explain your problem. The court may reschedule the hearing.

If you are unable to attend court and cannot notify the court in advance, you may have a defence to a breach of bail charge if you had a good reason for your failure to appear. You should discuss possible defences with a lawyer.

Breaching Bail

You breach bail if you disobey any bail condition. If you fail to come to court , the court will probably revoke your bail and issue a warrant for your arrest. If you are taken into custody on the warrant, it will be difficult for you to persuade the court to grant you a new bail undertaking.

Breaching bail is a crime. You are most likely to be charged with a criminal offence if you breach a protective condition. If the court ordered you to stay away from an alleged crime victim or witness and you are accused of breaching that condition, the accusation involves breach of a protective condition. Since the court will no longer trust you to obey the orders it enters to assure the protection of victims and witnesses, it probably will not grant you bail again.

The consequences of breaching any bail condition can be serious. In addition to the revocation of bail, you will be facing a maximum fine of $10,000 and imprisonment of up to three years. If you are charged with breaching bail, you should seek legal advice immediately.

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