The maximum penalty for breaching bail is a fine of $10,000.00 or imprisonment for two (2) years.
Breaching bail can have additional penalties involved, too, namely:
- Estreatment bail;
- Fine or imprisonment for the breaching offence.
The Court can order that a person’s bail be ‘estreated’. This means that the monetary amount attached to the bail agreement must be forfeited. Often, this is a sum of up to approximately $1,000.00.
When bail is breached by further offending, the Court can (and will) sentence for that offending as well as the breach of bail.
For example, consider a person on bail for driving disqualified. Their bail is in the sum of $500.00. A condition of their bail is not to occupy the drivers’ seat of any vehicle. The person is then caught speeding more than 55km over the speed limit and pulled over by Police. In this scenario, the person could be liable for the following:
- Breaching bail (the condition not to occupy the drivers’ seat);
- Estreatment of the amount of bail ($500.00);
- Driving at an extreme speed (which, for an aggravated offence, carries a maximum penalty of five (5) years imprisonment).
Further consequences of breaching bail can be far reaching. One is the revocation of bail. If bail is revoked, this means the person is taken into custody. Another is that the past failure to comply with bail will be taken into account on any future application for bail. A person with a poor history of complying with bail conditions is unlikely to be considered a good candidate for bail in the future.
All in all, it is critical to comply with all bail conditions as the consequences for breaching bail can be devastating.
