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ARTICLE · 19 JANUARY 2024

Breach of bail in NSW

The penalties for breaching bail include fines, imprisonment and revocation of bail.

AustraliaCriminal Law

The offence of breach of bail in New South Wales is taken very seriously by police and the courts.

Bail is granted with the expectation that a defendant will comply with a set of bail conditions. As such, any breach of these conditions can result in serious penalties and even the revocation of bail.

What is bail?

Bail is the authority to be at liberty for an offence according to section 7 of the Bail Act 2013 (NSW). It is simply the conditional release of an accused person, upon an agreement to appear at court and to comply with all bail conditions.

Since a core value in the criminal justice system is the presumption of innocence until proven guilty, bail can be granted to any person accused of an offence, as long as there is no unacceptable risk of a bail concern. Bail can be granted by either the police, a magistrate or a judge.

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