An A person who has been charged with a crime. Also known as a defendant. person who is granted The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking. is under a duty to attend An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. in accordance with the undertaking of bail and to surrender themselves into Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. when so attending (s 5(1A) Bail A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.).
Failing to appear in court
A person released on bail who fails without reasonable cause to appear in accordance with the undertaking of bail and surrender themselves into custody is guilty of an A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious).. This carries a penalty of two years’ imprisonment. The accused has a (1) A defendant’s response to the legal claims made against them in court by a prosecutor or plaintiff. (2) A lawful excuse for conduct: for example, causing minor injuries to someone while saving them from certain death. (3) ‘The defence’ is also a way of referring to the defendant and their legal team. to such a (1) A statement giving the details of a crime an accused person is claimed to have committed. (2) A personal property security. (3) A judge’s directions to a jury at the end of a case. if it can be proven that there are reasonable grounds for their failure to appear (s 30).
Contravening a bail condition
It is an offence to To break a legal rule or fail to carry out a legal obligation such as a court order. a bail condition without a reasonable excuse (see s 30A(1); see also the definition of ‘conduct condition’ in ss 3, 5AAA(4)). The offence does not apply to a condition requiring the accused to attend and participate in bail support services. The offence also does not apply to a child released on bail.
It is also an offence for a person to commit an A serious crime that is generally heard before a judge and jury in the County Court or the Supreme Court a criminal case. Examples of indictable offences include assault and armed robbery. while on bail (s 30B). Both these offences carry a maximum penalty of three months’ imprisonment or 30 penalty units. (For more information about penalty units, see ‘A note about penalty units’ at the start of this book.)
Infringement notices for breaching minor bail conditions
Police officers can issue infringement notices for the offence of breaching a bail condition (s 32A). The infringement notices are used for In Victoria, a child or young person under 18. See also infant. contraventions (e.g. breaching a reporting condition by being late). The infringement penalty for an offence against section 30A is one penalty unit.
Arresting people on bail
Any police officer (or a protective services officer on duty at a railway premises or in the surrounding area) may To seize a person suspected of breaking the law and hold them in custody. Police have powers to arrest and charge suspected offenders and bring them before a court. without A document issued by a court directing an officer to take certain action. May be a warrant of apprehension, directing that a person be arrested and brought before a court; a warrant of commitment, directing that a person be arrested and imprisoned; a warrant of distress, directing that a person’s goods be seized to satisfy a debt; or a warrant of seizure and sale of real estate. any person who has been released on bail if it is believed on reasonable grounds that the person is likely to break, is breaking, or has broken any bail condition (s 24 Bail Act; definition of ‘designated place’ in s 3(1) Victoria Police Act 2013 (Vic); reg 27 Victoria Police Regulations 2014 (Vic)).
The court may issue warrants for the arrest of a person bailed where the person has failed to answer bail or for the purpose of imposing additional conditions or Money or property promised to be handed over as a guarantee for repayment of a loan, or as a guarantee that a defendant will meet their bail conditions. (s 25 Bail Act). A bail decision-maker may also issue a warrant for the arrest of a person bailed for the purpose of imposing a further security (s 26).
A police officer who arrests an accused person who is on bail, but who is suspected of breaching their bail, must bring that person before a An official, usually based at a police station, who is not a judge or magistrate but has the same power as judges and magistrates to grant or refuse bail to an accused person. as soon as practicable and in any event within 24 hours. The bail justice can:
- A document signed by parties ending a court action. The party who began the action agrees to drop it, often in exchange for a payment by the other party. Also called terms of settlement. the person on their original undertaking; or
- release the person on a new undertaking with or without conditions or sureties; or
- revoke bail and remand the person in custody.