Duty of person bailed

An accused person who is granted bail is under a duty to attend court in accordance with the undertaking of bail and to surrender themselves into custody when so attending (s 5(1A) Bail Act).

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 offence. This carries a penalty of two years imprisonment. The accused has a defence to such a charge if it can be proven that there are reasonable grounds for their failure to appear (s 30).

It is an offence to contravene 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 indictable offence 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, seeA note about penalty units” at the start of this book.)

Police officers can issue infringement notices for the offence of breaching a bail condition (s 32A). The infringement notices are used for minor contraventions (e.g. breaching a reporting condition by being late). The infringement penalty for an offence against section 30A is one penalty unit.

Bail can be extended when a hearing is adjourned or post-poned and an accused is bound to attend court on a future date without the need to enter a fresh undertaking of bail. The obligation of any surety also continues (see s 16(2)). Bail can be extended in the absence of the accused person where a case is adjourned, if the court is satisfied that the accused is “not present for sufficient cause” (s 16(3)(b)). In these circumstances, written notice must be given by the court to the accused person and their surety (if any) of the new court date they must attend (s 16A).

Where a deposit of money or other security is made as a condition of bail, and the person released fails to appear in accordance with the undertaking, the deposit is forfeited to the Crown. However, in certain cases a deposit may be recovered by the person bailed, or by their surety (s 32 Bail Act; s 6 Crown Proceedings Act 1958 (Vic)).

Any police officer (or a protective services officer on duty at a railway premises or in the surrounding area) may arrest without warrant 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 also 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 security (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).