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Recent enactment in Victorian Law will punish offenders for breach of bail

Attorney-General Robert Clark has stated that the new Victorian laws will put a stop to those convicted offenders to commit another crime while on bail or breach the conditions of their bail. He further provided that the legislation aims to set out the range of restrictions and conditions for the offender under bail.

Upon their release on bail they will be required to undergo into curfews, residence requirement, no-contact conditions, restricted zones/territories and other terms that may be imposed by the Court.

A penalty of up to three months imprisonment as well as a fine of $4,200 may be imposed to those persons who have violated the conditions of their bail. Bail Shopping is also prevented by the legislation by requiring the applicant to file the application of his bail before the same judge or magistrate who granted his bail whenever practicable. Notice to the prosecutor is also required in order for them to file their comment and/or opposition thereto. This will allow the court that they have all the pertinent facts and circumstances in their records before they allow the posting of bail.

Bail application is granted only to allow temporary liberty for the offender charged with a crime until the final resolution of their case. It may be denied to those persons who poses a risk to the community or if there is a high chance that they will flee or jump bail. Those who commit another offence while they are still under bail pending a trial of the charges against them does not only break the law but also mock the very core of the bail system. They are breaching the trust imposed by the court, the legislation and the community as well.

The old law does not provide any penalty to the offender for the breach of the terms and conditions of the bail and their contempt to the bail system goes unpunished. Under the new law, however, their wilful disobedience and contempt is severely punished so as to prevent any future similar acts. Lesser breaches may be punishable by fines while severe breach of the condition of their bail can be punished with additional imprisonment and severe fines.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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