UNDERSTANDING THE OFFENCE OF ‘BREACH OF BAIL’ IN NSW.

on August 19, 2025

Breaching bail conditions is a serious criminal offence in New South Wales (NSW) that occurs when an individual fails to comply with the terms set by a court or police for their release while awaiting trial or sentencing. This offence can lead to significant consequences, including arrest, additional charges, and a criminal record that impacts employment, travel, and personal reputation. Understanding the offence of breaching bail is critical for anyone released on bail or facing allegations, as it underscores the importance of expert legal representation to navigate the legal system effectively. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against breach of bail and related charges. As leading Sydney criminal lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

In this article, we explore everything you need to know about the offence of breaching bail in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is the Offence of Breach of Bail in NSW?

The offence of breaching bail is governed by the Bail Act 2013 (NSW), specifically section 77, which criminalises the failure to comply with bail conditions imposed by a court or authorised officer (e.g., police). Bail is a legal agreement allowing a person charged with an offence to remain in the community while awaiting court proceedings, subject to conditions designed to ensure their court appearance, protect the community, or prevent further offences. Breaching bail occurs when a person knowingly or recklessly violates these conditions, such as failing to report to police or contacting a prohibited individual.

To secure a conviction for breaching bail, the prosecution must prove beyond a reasonable doubt:

  1. Valid Bail Agreement: The defendant was subject to a bail agreement with specific conditions.
  2. Non-Compliance: The defendant failed to comply with one or more conditions (e.g., missing a court appearance or breaching a curfew).
  3. Knowledge or Recklessness: The defendant was aware of the conditions or was reckless about complying with them.
  4. Unlawful: The breach was not authorised or justified (e.g., no legal exception like an emergency).

Types of Bail Conditions

Bail conditions vary depending on the offence and circumstances, as outlined under section 25 of the Bail Act 2013. Common conditions include:

  • Attendance: Appearing at court on specified dates.
  • Reporting: Regularly reporting to a police station.
  • Residence: Living at a specified address or adhering to a curfew.
  • No Contact: Avoiding contact with victims, witnesses, or co-accused.
  • Conduct Requirements: Refraining from drugs, alcohol, or certain activities (e.g., driving for traffic offences).
  • Security: Providing a financial deposit or surety.
  • Geographic Restrictions: Staying within NSW or avoiding certain locations.

Examples of Breaching Bail

  • Failing to Appear: Missing a scheduled court appearance without a reasonable excuse.
  • Contacting a Prohibited Person: Sending a message to a victim or witness despite a no-contact condition.
  • Violating Curfew: Leaving home during restricted hours.
  • Committing Further Offences: Engaging in criminal activity while on bail, such as drug possession or assault.
  • Leaving NSW: Travelling interstate without court permission.

These examples highlight how even minor violations can lead to serious consequences, making legal advice essential.

Related Offences

Breach of bail is often charged alongside or instead of related offences:

  • Failure to Appear (section 79, Bail Act 2013): Specifically for missing court, with up to 3 years imprisonment or a $3,300 fine.
  • Common Assault (section 61, Crimes Act 1900): Assault without injury, with up to 2 years imprisonment.
  • Stalking or Intimidation (section 13, Crimes Act 1900): Causing fear through persistent behaviour, with up to 5 years imprisonment.
  • Breach of AVO (section 14, Crimes (Domestic and Personal Violence) Act 2007): Violating an Apprehended Violence Order, with up to 2 or 7 years imprisonment.
  • Drug or Traffic Offences: Committing new offences while on bail, such as driving under the influence (section 112, Road Transport Act 2013).

Penalties for Breaching Bail in NSW

The penalties for breaching bail are outlined under section 77 of the Bail Act 2013 and depend on the severity of the breach and the underlying offence. Penalties include:

  • Basic Breach:
    • Imprisonment: Up to 2 years.
    • Fine: Up to $5,500 (50 penalty units).
  • Failure to Appear (section 79):
    • Imprisonment: Up to 3 years.
    • Fine: Up to $3,300 (30 penalty units).
  • Local Court: Most breaches are handled summarily, with up to 2 years imprisonment and/or a $5,500 fine.
  • District Court: Breaches linked to serious offences (e.g., committing a new crime) may escalate, carrying additional penalties for the new offence.
  • Non-Conviction Outcomes: In minor cases, courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.
  • Bail Revocation: The court may revoke bail, leading to detention until the underlying matter is resolved (section 50, Bail Act 2013).

Additional Consequences

A conviction for breaching bail can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can hinder job prospects, particularly in roles requiring background checks (e.g., security, education, or government).
  • Travel: Countries like the USA and Canada may deny entry for criminal convictions.
  • Reputation: A conviction can damage personal and professional relationships, especially if linked to serious charges.
  • Further Charges: Breaching bail by committing new offences can lead to additional charges and harsher penalties.
  • Bail Refusal: Future bail applications may be denied due to a history of non-compliance (section 18, Bail Act 2013).

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Breaching by committing a new offence, repeated breaches, or endangering others.
  • Mitigating Factors: First-time breach, genuine remorse, accidental breach, or cooperation with police.

How a Sydney Criminal Lawyer Defends a Breach of Bail Charge

A Sydney criminal defence lawyer employs various strategies to defend against a breach of bail charge, from challenging evidence to negotiating outcomes. Below are some of the approached used by Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove the breach was knowing or reckless. A lawyer will scrutinise:

  • Evidence of Breach: Review police reports, CCTV, or witness statements to confirm the breach occurred.
  • Bail Conditions: Verify the conditions were clearly communicated and validly imposed.
  • Police Conduct: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

2. Challenging Knowledge or Intent

A lawyer can argue:

  • The breach was unintentional (e.g., missing a police report due to a scheduling error).
  • The defendant was unaware of the specific condition (e.g., unclear bail terms).
  • The conduct did not constitute a breach (e.g., incidental contact in a public place).

3. Raising Legal Defences

If applicable to the case, several defences can be raised to name a few:

  • Reasonable Excuse: The breach was due to an emergency or unavoidable circumstance (e.g., hospitalisation for missing court).
  • Mistake of Fact: The defendant reasonably believed they were complying with conditions (section 9, Criminal Procedure Act 1986).
  • Duress: The defendant was coerced into breaching bail under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal search (section 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade a breach to a lesser offence, like offensive conduct (section 4, Summary Offences Act 1988).
  • Amend Facts: Negotiate with police to amend the police fact sheet to remove aggravating factors, like alleged intent to abscond.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as stalking (section 13).

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

5. Securing Non-Conviction Outcomes

A lawyer can advocate for:

  • Section 10(1)(a) Dismissal: No conviction or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with good behaviour conditions for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

6. Presenting Mitigating Factors

A lawyer can present:

  • Character References: Letters attesting to your good character.
  • Remorse: Evidence of apologies or cooperation with police.
  • Rehabilitation: Completion of programs addressing underlying issues (e.g., drug or alcohol counselling).
  • Hardship: Impact of a conviction on employment or family responsibilities.

7. Appealing a Conviction or Bail Revocation

If convicted or bail is revoked, a lawyer can:

  • Appeal to the District Court: Within 28 days under the Crimes (Appeal and Review) Act 2001 if the sentence is harsh or new evidence emerges.
  • Apply for Bail Variation: Seek modified conditions under section 51 of the Bail Act 2013 to avoid detention.
  • Seek Spent Conviction: After a crime-free period (10 years for adults, 3 years for juveniles) under the Criminal Records Act 1991.

The Court Process for a Breach of Bail Charge

The court process typically involves:

  1. Investigation:
    1. Police collect evidence, such as police reports, CCTV, or witness statements.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest under section 77 of the Bail Act 2013 or issue a CAN for a Local Court appearance.
  3. Bail Review:
    1. A lawyer applies for bail continuation or variation under section 51, arguing minimal risk.
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or bail revocation.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court if the outcome is unfair.

Steps to Take When Facing a Breach of Bail Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect medical records, witness statements, or other evidence to support your defence.
    1. Provide character references or proof of compliance.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologies or rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted or bail is revoked, appeal to the District Court or apply for a variation.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for breach of bail, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Bail Act 2013, Crimes Act 1900, and Crimes (Sentencing Procedure) Act 1999.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let a breach of bail charge disrupt your life. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Breaching bail is a serious offence in NSW, carrying penalties of up to 2 or 3 years imprisonment, fines, and potential bail revocation, with significant consequences for your future. A Sydney criminal defence lawyer can defend against this charge by challenging evidence, raising defences like reasonable excuse or mental health diversions, and securing non-conviction outcomes like section 10 dismissals or CROs. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a breach charge for a minor violation or a serious offence, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your breach of bail charge and achieve the best possible result in NSW courts.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

GOING TO COURT?

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 18th August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

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