Charges
Fail to appear in accordance with a bail acknowledgment
Bail Act 2013 (NSW) s 79
What is the maximum penalty for fail to appear on bail in NSW?
Maximum penalty. There is no fixed figure. Under s 79(3) the maximum penalty is the maximum penalty for the offence for which bail was granted, subject to s 79(4). Under s 79(4) a penalty of imprisonment for a fail to appear offence is not to exceed 3 years and a monetary penalty is not to exceed 30 penalty units.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
A person who has been granted bail and, without reasonable excuse, does not turn up at court as their bail acknowledgment requires commits a separate criminal offence. Under s 79(2) the accused carries the onus of proving the reasonable excuse. The penalty is tied to the seriousness of the underlying charge, but is capped at 3 years imprisonment and 30 penalty units however serious that charge was.
How it is dealt with
Summary. Bail Act s 80(2) provides that proceedings for a fail to appear offence are to be dealt with summarily.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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