Law Information - Bail - SA

Breach Bail

Date: 01/09/2009

The Law - A person in breach of bail may be separately charged with the offence of breach of bail.

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whom an estreatment order has been made may apply to the court for the reduction of the amount or for the order to be rescinded [Bail Act 1985 s.19].

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. These are known as warrants of apprehension.

First Instance Warrants   
These are warrants of apprehension issued by magistrates courts when a defendant has failed to appear in court on the date stipulated on either a   summons   or a bail agreement. If such a warrant is issued it is advisable for a defendant to surrender at a police station and ask to be brought before a court for a fresh application for bail. Bail can be more difficult to obtain if there is a history of breaches and subsequent warrants. It may therefore be advisable that the defendant attends the police station with a guarantor who can be present in court for the application. The defendant should also bring any medical certificates or evidence that supports a legitimate reason for non-appearance.

The Maximum Penalty for Breach Bail

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 $10000 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. 

What the prosecution must prove - Breach Bail

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Possible Defences - Breach Bail

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The Court process - Breach Bail

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