Bail – VIC

Welcome to the VIC Failure to answer bail article page. Everything you need to know about Failure to answer bail according to VIC law.

What the Law States according to VIC Law for Failure to answer bail

According to VIC Law for the charge of Failure to answer bail,

Bail Act 1977 – SECT 30
Failure to answer bail

30. Failure to answer bail

(1) Any person released on bail who fails without reasonable cause, the proof whereof lies upon him, to appear in accordance with his undertaking of bail and surrender himself into custody shall be guilty of an offence against this Act.

Penalty: Imprisonment for twelve months.

(2) In any proceedings against a person for an offence against this section-

(a) a document purporting to be or to be a copy of an undertaking of bail entered into by the defendant and to be certified by an officer of the court having the custody of the document to be the undertaking or a copy of the undertaking with which it is alleged in the proceedings that the defendant has failed to comply shall be prima facie evidence of the entry of the defendant into the undertaking and of the conditions of the undertaking; and

(b) a document purporting to be or to be a copy of a declaration of forfeiture made by a court of an undertaking of bail entered into by the defendant and certified by an officer of the court having the custody of the document to relate to the undertaking of bail with which it is alleged in the proceedings that the defendant has failed to comply shall be prima facie evidence of the failure of the defendant to appear in answer to his bail and surrender himself into custody.

(3) In any proceedings against a person for failing to answer bail for appearance at a trial a certificate purporting to be signed by the Director of Public Prosecutions as to the sending by post or by telegram or cablegram of notice of the time and place fixed for the conduct of the trial shall be prima facie evidence of the service of the notice.

The Maximum Penalty – Failure to answer bail

According to VIC Law for the charge of Failure to answer bail, 12 months imprisonment.

What the Police must prove according to VIC Law for Failure to answer bail

1. The accused was on bail
2. The accused was required to surrender himself in accordance with that bail
3. The accused failed to do so

Possible Defences under VIC Law – Failure to answer bail

1. Factual dispute
2. Reasonable cause

In VIC which court will hear the matter – Failure to answer bail

Magistrates’ Court

 

Date: 09/01/2009