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Failure To Answer Bail
If you have been charged with failure to answer bail, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
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Elements of the offence
For the prosecution to prove the offence of failure to answer bail, they must satisfy two elements of the offence. They can be found in s 30 of the Bail act 1977 (Vic) and are as follows:
- The person released on bail failed to attend in accordance with their undertaking of bail to surrender themselves into custody; and
- The person did so without reasonable excuse.
Will I have to go to court?
Charges for failure to answer bail will usually be heard in the Magistrates’ Court, and will be heard summarily
Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument, especially if there was a medical emergency that prevented attending as required.
Maximum penalty
The maximum penalty this offence carries is 3 months imprisonment. The maximum penalty this offence carries is 2 years imprisonment, known as a Level 7 imprisonment. According to the Sentencing Council Victoria, between 1 July 2011 and 30 June 2016, 181 people were sentenced with failure to answer bail as the principal offence. From that number, 59.7% were given imprisonment sentences. Non-imprisonment sentences included Community Corrections Orders (12.2%) and fines (12.2%).
Defence strategies
Reasonable Excuse
Provide strong supporting evidence (such as medical records or official certificates) for excuses such as medical incapacity.
Lack of Intent
This strategy applies when a defendant can prove they fully intended to comply but made a genuine, reasonable error.
Why Clients Choose Emma Turnbull Lawyers?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
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