Have you been Charged with Contravening Certain Conduct Conditions of Your Bail?
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If you’ve been charged with contravening a condition of your bail under Section 30A of the Bail Act 1977, you may be feeling overwhelmed. At MK Law, we specialise in defending individuals facing criminal charges, including breaches of bail.
It’s essential to address these charges quickly and understand your rights, so let’s explore some key points to help you navigate this legal issue.
Key Questions to Consider in Your Defence:
When charged with breaching bail conditions, there are important questions to consider in developing your defence:
1.Can the prosecution establish all elements of the offence?
The prosecution must prove that you were subject to a valid bail agreement and that you knowingly breached a condition of that agreement.
2. Were you aware of the conditions of your bail?
It’s crucial to establish whether you fully understood the specific terms of your bail conditions. Lack of clarity or misunderstanding can sometimes play a role in your defence.
3. Do you have a reasonable excuse?
If you contravened a bail condition, but have a reasonable excuse (e.g., a medical emergency or other unavoidable circumstance), this may provide a defence to the charge.
Seeking advice from a criminal law specialist will help you answer these questions and build the strongest possible case.
What must the prosecution prove?
Section 30A of the Bail Act 1977
To secure a conviction, the prosecution must prove two main points:
1.You were subject to a bail agreement:
This means that you were released on bail by the court under specific conditions.
2.You breached a condition of that bail agreement:
This refers to failing to comply with any of the conduct conditions imposed by the court, such as curfews, reporting requirements, or restrictions on movement.
What are the Penalties for Breaching Bail Conditions?
If convicted of contravening bail conditions under Section 30A, the maximum penalty is:
- 30 penalty units; or
- Up to 3 months imprisonment.
These penalties are serious, and it’s crucial to understand the legal consequences you may face if convicted.
Where Will Your Case Be Heard?
The charge of contravening bail conditions may be heard in the Magistrates’ Court, County Court, or Supreme Court, depending on the progression of your case. The initial hearing typically begins in the Magistrates’ Court, but more complex cases may be transferred to a higher court.
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What Should You Do Next?
If you’ve been charged with contravening a bail condition, it’s essential to seek legal representation as soon as possible. A skilled criminal lawyer at MK Law can help you understand the charges, assess the strength of the prosecution’s case, and prepare an effective defence. Engaging an experienced lawyer can make all the difference in the outcome of your case. Do not delay, call 1800 130 120 today.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au