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ENFORCEMENT OF BAIL AGREEMENT

When it appears to a court that a person has broken a term or condition of bail the court can issue a warrant for the person's arrest.

A member of the police force who has reasonable grounds for believing that a person intends to abscond or is contravening or failing to comply with (or has contravened or failed to comply with) a bail agreement can arrest the person without a warrant.

It is an offence [Bail Act 1985 s.17] for a person to fail to comply with a condition of a bail agreement without reasonable excuse. A person in breach of bail may therefore be separately charged with that offence. The penalty for it must not exceed the maximum penalty that may be given for the most serious offence for which bail was granted. In any case the penalty must not exceed a fine of $8000 or imprisonment for two years. The penalty for a breach of bail (whether a fine or imprisonment) is given in addition to:

  • any penalty for the original offence
  • any order for the forfeiture of an amount of money that may have been specified in the bail agreement.

When a bail agreement has been breached, an order for forfeiture can be made whether or not the person in breach of bail is charged with a bail offence. An order for forfeiture may also be made against a guarantor in respect of any amount of money specified in the guarantee. These orders for forfeiture are known as 'estreatment' orders. A person against whom an estreatment order has been made may apply to the court for the reduction of the amount or for the order to be rescinded [Bail Act 1985 s.19].

ENFORCEMENT OF BAIL AGREEMENT  :  Last Revised: Wed Jun 16th 2004




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