If you have been granted bail in criminal proceedings and have been given bail conditions, breaching those conditions can have significant implications and consequences that include the following:
Arrest and Detention
If an individual breaches their bail conditions, they can be arrested for being in breach. They will be taken into police custody and placed before the court, generally within 24 hours or as soon as reasonably practicable thereafter.
Denial of Bail
The individual will need to confirm if they admit or deny the breach and then the court will decide whether to readmit the individual to bail or remand them into custody until their case is heard in court or a further successful bail application is made. If they are released on bail, the conditions can be changed.
If the individual either admits the breach or denies and is ruled against, they are likely to be charged with a further offence of breach of bail for which they can be separately fined, imprisoned or both.
Forfeiture of Security/Surety
Breaching bail conditions, specifically failing to attend court can lead to the forfeiture of a bail security or surety provided.
Impact on the Case
Breaching bail conditions can negatively affect the individual's credibility and may weaken their position in the ongoing legal proceedings. It can be seen as a lack of respect for the court's authority and can influence decisions related to sentencing or other outcomes.
Our very strong advice is that any individual subject to bail conditions should strictly keep to them. The implications of breach can be significant. If you are subject to bail and are at risk of breach, speak to your solicitor who may be able to apply to vary your bail conditions in advance of any issues occurring.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.