Breach of Bail charges in Qld

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If police allege you have breached your bail conditions in Queensland, you may be charged with a criminal offence under the Bail Act 1980 (Qld). This can occur if you fail to comply with any condition attached to your bail — including failing to appear in court, breaking reporting requirements, or contravening no-contact or curfew conditions.

Breaching bail is taken seriously by police and courts and can lead to further charges, loss of bail, and significant penalties.

If you are charged, seeking early advice from an experienced criminal defence lawyer will make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence

What is breach of bail in Queensland?

Under section 29 of the Bail Act 1980 (Qld) it is a criminal offence for a person to break any condition of the bail undertaking on which they were released.

A bail undertaking is a written promise you sign when released from custody on bail — whether at the police watchhouse or by a court — to comply with all bail conditions and to appear in court when required.

Breach of bail includes, for example:

  • failing to attend court on the set date

  • failing to report to police as directed

  • contravening a curfew

  • living at a different address than approved

  • contacting prohibited persons (such as an alleged victim)

  • failing to comply with other specific conditions set

Who can be charged with breaching bail?

Any person who has been granted bail and has signed a bail undertaking can be charged with breaching bail conditions. This includes adults and, in appropriate cases, young persons subject to youth bail conditions.

Police may arrest you without a warrant if they reasonably suspect you have breached your bail conditions, and you can be taken before a court to answer the charge

What is the penalty for breaching bail?

The offence of breaching bail carries serious consequences:

  • Maximum penalty: 40 penalty units or 2 years imprisonment under s 29 of the Bail Act 1980 (Qld).

The court has discretion in sentencing. Depending on the circumstances, penalties may include:

  • a fine

  • a sentence of imprisonment (including suspended sentences)

  • a conviction, which can impact future bail applications and employment prospects

Even if you were not convicted of the original offence for which you were on bail, you can still be sentenced for breaching bail.

How a criminal defence lawyer can help

A criminal defence lawyer can:

  • advise you immediately when a breach is alleged

  • represent you in bail revocation hearings

  • argue for bail to be re-granted or varied if revoked

  • negotiate with prosecutors where appropriate

  • prepare defence submissions focusing on reasonable excuse or mitigating factors

If you are charged or being investigated by police, seeking early advice will make a difference to the outcome.

Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence. 

Call (07) 3012 6531

FAQ - Breach of Bail in Qld

  • Breaching bail includes failing to comply with any condition of your bail undertaking, such as not attending court, not reporting to police, or breaking a curfew.

  • Yes. Police may arrest you without a warrant if they reasonably suspect you have breached bail conditions.

  • Failing to appear in court is itself a breach of bail, and a warrant may be issued for your arrest.

  • Yes.

    Yes. A history of bail breaches can place you in a ‘show cause’ position and make it harder to secure bail in the future.

  • No. Jail is within the sentencing range, but outcomes depend on the facts, your history, and how the matter is defended.

  • You should seek legal advice immediately. A lawyer can assess whether the breach was valid, whether bail conditions were clear, whether there was a reasonable excuse, and how to best defend the charge.

Charged with breaching bail in Qld?

If police have charged you with breaching your bail conditions, do not delay in obtaining legal advice. These matters can affect your liberty, future bail prospects, and other pending charges.

Call our criminal defence lawyers in Brisbane on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion today. 

Call (07) 3012 6531