Breaching bail is a serious matter that can carry significant penalties. If you, or a loved one, is currently on bail it’s important to note the obligations regarding a bail undertaking, including all relevant conditions, to ensure that bail is not breached.
The following outlines common bail conditions, the offence of breach of bail and how you can change bail conditions if there are issues that make it difficult to comply with.
The Bail Undertaking
Whether you receive police bail or court bail in WA, you will be required to sign a bail undertaking.
A bail undertaking is a legally binding agreement stating that you will comply with the conditions placed on your bail. You must read your undertaking carefully to ensure you understand your obligations whilst on bail.
If you are ever unsure of the conditions of your bail you should speak to a lawyer who will be able to read and translate the conditions of your undertaking in a way that you can understand.
The conditions outlined in the undertaking apply for as long you are on bail or until the bail conditions have been modified varied or deleted by a court.
What Conditions Can Be Placed On Bail in WA?
A number of conditions can be placed in your bail undertaking. Common conditions placed on bail include promises that you will:
- Live at a certain residential address;
- Surrender your passport and not travel outside of the state.
- Regularly attend a local police station;
- Regularly attend certain medical appointments, including counselling sessions or AOD rehabilitation centres.
- Comply with a night-time curfew;
- Refrain from contacting certain people, including complainants, witnesses and co-accused.
- Refrain from using the internet.
This is a non-exhaustive list, and further conditions can always be placed on bail to respond to particular concerns.
In many cases, bail will include promises by a surety. As discussed above a surety is a third person who undertakes to forfeit a sum of money in the event an accused fails to attend the court on a designated court date.
The amount of money to be forfeited is determined by the court.
Further, if ordered to home detention bail, a condition is likely to include a requirement that you to wear an electronic monitoring device whilst on home detention.
What happens if I breach bail?
If you fail to comply with bail conditions without a reasonable excuse (such as illness or other special circumstances) you may be charged with an offence.
Section 51 of Bail Act 1982 (WA) outlines an offence where an accused, without reasonable cause, fails to comply with the requirement of his bail undertaking.
If convicted of breaching bail you are liable to a maximum penalty of a fine of $10,000 or imprisonment for 3 years or both. The court can arrange for any fine imposed to be paid in instalments if an accused is not able to pay the full amount once found guilty.
Can I change my bail conditions?
If you are struggling to comply with the conditions placed on your bail, you may apply to a court to have your bail conditions modified.
You will need to have a proper and valid reason why you need bail conditions changed, commonly this is because circumstances have changed since the original conditions were made making it more arduous to comply.
