Canberra & the ACT · Court process
Breach of bail and failing to appear in the ACT.
If you are on bail and fail to appear, or breach a condition, that is a separate offence in the ACT, and it can put your bail on any current matter at risk. A reasonable excuse is a defence, and the circumstances matter.
- Fail to appear200 pu / 2 yearss 49 Bail Act 1992 (ACT)
- DefenceReasonable excuseWhere it applies
- AlsoBail at riskOn the current matter
- CourtMagistrates CourtSummary
The ACT offence.
Failing to appear is a separate offence from whatever you were on bail for. Breaching a bail condition can also lead to bail being reviewed. Both can make bail harder to obtain on the current matter, so they are handled promptly. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
These are summary matters heard in the ACT Magistrates Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT). The reason for the failure, and whether the person came forward, bear on the outcome, and on the bail position going forward.
Defences and issues that matter.
Reasonable excuse.
It is a defence that the person had a reasonable excuse for failing to appear, such as illness, a genuine mistake about the date, or another good reason. The excuse is prepared with evidence.
The undertaking.
The prosecution must prove the person was on bail and had given the undertaking. Where the terms were unclear or not properly given, that can be in issue.
Protecting bail on the current matter.
A failure to appear can affect bail on the substantive matter, so the priority is often to explain the failure and secure the bail position going forward.
How the matter is run.
The work is to prepare any reasonable excuse with evidence, to explain the failure to the court, and to protect the bail position on the current matter. Coming forward promptly and getting advice makes a real difference to how a failure to appear is dealt with.
Frequently asked.
What is the penalty for failing to appear on bail in the ACT?
Up to 200 penalty units, 2 years imprisonment, or both, under s 49 of the Bail Act 1992 (ACT). It is a separate offence from the matter you were on bail for.
Is there a defence to failing to appear?
Yes. It is a defence that you had a reasonable excuse, such as illness, a genuine mistake about the date, or another good reason. The excuse is prepared with evidence.
Will breaching bail affect my current case?
It can. Failing to appear or breaching a condition can lead to bail being reviewed and can make bail harder to obtain on the current matter. Handling it promptly and explaining it matters.
What should I do if I missed a court date?
Get advice straight away and come forward. Coming forward promptly, with a reasonable excuse where one exists, makes a real difference to how the failure is dealt with and to your bail going forward.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019