Non-compliance with bail conditions in Western Australia can have serious consequences. Not only does this put you at risk of a criminal offence, it also poses ongoing issues for your case and you should seek advice from an experienced Perth criminal lawyer as soon as possible.
The following outlines common bail conditions in WA, when such conditions may be breached and the impact of failing to comply with bail conditions for non-compliant bailees.
Common Bail Conditions in WA
Bail is the release of a person charged into the community with an offence whilst awaiting trial. Section 5 of the Bail Act 1982 (WA) provides that an accused person in custody is entitled, subject to specified exceptions, to have their application for bail considered as soon as practicable.
If bail is granted, the accused must enter into a bail undertaking which may include conditions. Section 17 of the Act outlines that conditions will be imposed to ensure that the accused:
- Appears in court;
- Does not commit an offence while on bail;
- Does not interfere with witnesses;
- Does not endanger the safety or welfare of any person;
- Does not obstruct the course of justice.
Bail conditions vary depending on the nature of the charge and the assessed risk of the individual. Common conditions include:
- Reporting conditions, including requirements that the accused report to a nominated police station.
- Curfews, including requirements that the accused remain at a specified address.
- No-contact conditions, including prohibitions on direct or indirect contact with complainants or witnesses.
- Travel bans, including prohibitions on leaving Western Australia and requirements to surrender a passport.
- Residential conditions, including requirements to reside at a specified address.
- Therapeutic conditions, including requirements to abstain from alcohol or drugs, submit to testing, or engage in counselling or treatment programs where relevant to the alleged offending.
What Counts as Failing to Comply?
A failure to comply with conditions of bail encompasses circumstances such as:
- Failing to appear in court on the required date and time.
- Failing to report to a nominated police station at specified times.
- Breaching a curfew or travel condition.
- Contacting an individual subject to a no-contact condition.
- Committing a further offence while on bail.
Failing to comply with any of the conditions of bail will constitute an offence under section 51 of the Act. This offence states that accused who, without reasonable cause, breaches a requirement to attend court or who fails to comply with other bail conditions, including specified protective conditions, commits an offence. The maximum penalty for this offence is either a fine of up to $10,000, imprisonment for up to 3 years, or both.
The prosecution must prove not only that a condition was contravened, but that it was done without reasonable excuse. What amounts to reasonable cause will depend on the circumstances. Genuine medical emergencies, unforeseen transport failures, or circumstances beyond the accused’s control may be relevant in arguing a bailee has a reasonable excuse.
Immediate Consequences of Non-Compliance
There are immediate consequences for non-compliance of bail conditions.
Under section 51 of the Act, a police officer may arrest a person without warrant if there are reasonable grounds to believe that the person has contravened or is about to contravene a bail condition. Once arrested, the accused may be brought before a court to determine whether bail should be revoked.
Section 55 of the Act empowers a court to revoke bail if satisfied that the accused is unlikely to comply with bail requirements or they have breached or is likely to breach bail conditions. If those concerns are made out, the court may revoke bail and remand the accused in custody or revoke bail and grant fresh bail on new terms.
In limited circumstances, such as a minor breach, may allow the accused to be released on their existing bail undertaking, including any existing surety arrangements.
Impact on the Original Case
Non-compliance with bail conditions can have an impact on any future court proceedings.
When considering bail in relation to future charges the court must assess risk factors, including the likelihood that the accused will fail to appear or commit further offences. A prior breach of bail conviction directly informs that assessment, potentially making it more difficult to persuade the court to grant bail.
A person convicted of breaching a bail undertaking will have this conviction on a criminal record. A criminal record, particularly one related to non-compliance with court conditions, will have an impact on any future sentencing hearing, as well as considerations for parole (if relevant).
Importantly, breach offences are separate from the original charge for which bail was granted. An accused may ultimately be acquitted of the substantive offence but still be convicted of breaching bail if the evidence establishes non-compliance of bail conditions without reasonable cause.
What To Do If You Have Breached or Risk Breaching Bail
If a breach of bail has occurred or is likely to occur, immediate legal advice is essential.
Ignoring a missed reporting date or assuming the issue will resolve itself increases the risk of arrest. In some circumstances, it may be possible to address the breach proactively by contacting police or appearing before the court voluntarily
If there was a reasonable excuse for non-compliance (such as medical emergency) evidence should be gathered promptly in order to present your best case. Obtaining legal advice promptly can assist in addressing the issue, assessing any available defence and minimising further consequences.
