Being granted bail means you can remain in the community while your criminal matter progresses, but it comes with conditions that you are legally required to follow. Those conditions can vary considerably depending on the allegations, your circumstances and the concerns the court has about releasing you. You may be required to report to police, live at a particular address, follow a curfew, avoid certain people or places, surrender your passport or comply with other requirements.
A bail condition is not simply a recommendation. If you agree to bail, you are expected to comply with the conditions attached to it. Failing to do so can create a new legal problem and may also make it harder to remain on bail while your original matter is dealt with.
What Counts as a Breach of Bail?
A breach occurs when a person does something that is contrary to a condition of their bail. The circumstances can range from something that may appear relatively minor, such as missing a required reporting appointment, through to more serious conduct such as contacting a person they have been ordered not to contact or committing another offence while on bail.
It is also possible to breach bail without intending to do anything wrong. For example, a person may have a condition requiring them to live at a particular address but find themselves unable to stay there because of a family or accommodation issue. Someone may also struggle to comply with a reporting requirement because of work, transport or another unexpected problem. That does not necessarily mean there will be no consequences, but the circumstances surrounding the alleged breach can be important.
This is why ignoring a difficult condition is generally not a good approach. If something has changed and you genuinely cannot comply with a condition, there may be options for having the bail arrangements changed rather than simply doing something that puts you in breach.
What Can Happen After an Alleged Breach?
The consequences depend on the nature of the alleged breach and the circumstances of the individual case. Police may take action in relation to a suspected breach and the person may be required to return to court. The court can then consider whether bail should continue and whether the existing conditions are still appropriate.
This is where a breach can become particularly serious. When bail was originally granted, the court made a decision that the person could remain in the community subject to certain conditions. If those conditions are then broken, the court may have concerns about whether those arrangements are still sufficient. A person could therefore find themselves facing a much more difficult argument for remaining on bail.
It does not mean that every breach automatically results in a person being sent to prison. The court will consider the circumstances, including what happened, why it happened, the seriousness of the alleged breach and any other relevant information. However, the fact that the original bail order has not been followed can have a significant impact on what happens next.
A failure to appear in court can also have particularly serious consequences. If you have been released on bail and are required to attend court, failing to attend should never be treated as something that can simply be explained later without taking action. If there is a genuine reason you cannot attend, getting legal advice as soon as possible is important.
What If You Know You Cannot Comply With a Condition?
Sometimes the problem is not that someone deliberately wants to break their bail. Their circumstances have changed and a condition that was manageable when bail was granted has become difficult or impossible to follow.
For example, you may have been required to live at a particular address but the person you were staying with can no longer accommodate you. You may have been given a curfew that conflicts with a new work arrangement, or there may be another practical problem with one of your conditions. These situations should be dealt with before a breach occurs where possible.
Depending on the circumstances, it may be possible to apply to have bail conditions varied. The appropriate process will depend on the particular circumstances and the type of bail involved, so it is worth getting legal advice rather than assuming you are allowed to make your own arrangements.
If you have already breached a condition, do not assume that staying silent will make the problem disappear. Continuing to breach the same condition can potentially make the situation worse. Speaking with a lawyer promptly gives you the opportunity to understand what has happened, what your options are and what needs to be done next.
What Should You Do If You Are Accused of Breaching Bail?
If police allege that you have breached your bail, the first step should be to take the situation seriously and obtain legal advice. Do not assume that a breach is too minor to matter, particularly if you have already had concerns raised about your compliance with bail.
A criminal lawyer can look at the actual bail conditions, what you are alleged to have done and the circumstances surrounding the alleged breach. The exact wording of the conditions matters because it helps determine whether the conduct amounts to a breach and what steps may need to be taken. It is also important to understand whether the issue involves an alleged breach of a bail condition, a failure to appear in court or separate criminal conduct that occurred while you were on bail, as these situations can have different legal consequences.
If you are required to attend court following an alleged breach, you should make sure you understand when and where you are required to attend and comply with any new directions you are given. Missing another court appearance can create further problems and may make your position more difficult.
The best approach is to deal with the issue early rather than waiting to see what happens. Even where there is an innocent explanation for what occurred, it is generally much better to have that explanation properly addressed than to leave the matter unresolved.
Get Legal Advice About a Bail Breach in Townsville
A bail breach can add another layer of difficulty to an already stressful criminal matter. The consequences will depend on the specific conditions involved and what has happened, which is why getting advice based on your individual circumstances is important.
If you have been accused of breaching bail in Townsville or are concerned that you may have difficulty complying with your current bail conditions, the team at Strategic Lawyers can explain your options and help you understand what needs to happen next. Contact Strategic Lawyers to discuss your circumstances and obtain legal advice about your matter.
