Accredited Criminal Lawyers Melbourne
Contravene Conduct Conditions on Bail
A breach of bail conditions is considered a serious offence in Victoria, by police and the courts. The experienced criminal lawyers at Emma Turnbull lawyers will provide you with the right advice to proceed through the police interview stage and the court process, with our expert lawyers preparing your matter.
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Elements of the offence
Under s 30A of the Bail act 1977 (Vic), for the prosecution to prove the offence, they must show that:
The person released on bail contravened any certain conduct conditions relating to the bail.
Will I have to go to court?
Charges for contravene conduct conditions on 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 that the certain conditions were not adhered to. 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.
Maximum penalty
The maximum penalty this offence carries is 3 months imprisonment. A defendant can fight a breach of bail conditions charge by proving a reasonable excuse, contesting the facts, or showing a lack of intent.
Defence strategies
Reasonable Excuse
Reasonablle excuses may include medical emergencies and transport issues.
Procedural Errors
Proving the original bail undertaking was expired, improperly executed, or legally defective or identifying severe procedural errors in how the police issued or served the breach of bail charge.
Lack Of Intent
Showing that the wording of the bail condition was highly confusing or contradictory leading to a genuine misunderstanding.
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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