Our experienced criminal law team has prepared a brief overview of the law relating to bail.
If you or someone you care about is alleged to have breached their bail, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on bail related matters, visit our BAIL APPLICATIONS page.
Breach of Bail – The Law
For Queenslanders, the 1980 Bail Act covers the laws surrounding Bail.
If admitted to bail, defendants must appear before the court and comply with all conditions in their undertaking. If a defendant does not comply, their bail may be revoked & they then be further charged with the offence breach of bail.
Section 29 of the Bail Act 1980 (Qld) defines the offence:
A defendant must not break any condition of the undertaking on which the defendant was granted bail requiring the defendant’s appearance before a court.
Importantly, if a conviction for a breach of bail is recorded against your record, it may work against you in future proceedings. Judges, Magistrates and police authorised to grant bail are more reluctant to do so when defendants have a history of not complying with their bail conditions.
The maximum penalty for a breach of bail is 40 penalty units or 2 years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of breach of bail is a summary offence. It will be heard in the Magistrate Court
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of breach of bail. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For specific legal advice relating to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.