New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 51

51 Offence of failing to appear

(1) A person who fails without reasonable excuse (proof of which lies upon the person) to appear before a court in accordance with the person’s bail undertaking is, on summary conviction, guilty of an offence against this section.

(2) A person convicted of an offence against this section is liable to the same penalties as are by law provided for the offence in respect of which the person failed to appear, but no sentence of imprisonment imposed pursuant to this section shall exceed 3 years and no fine so imposed shall exceed 30 penalty units.

(3) Proceedings for an offence against this section shall be dealt with:

(a) by the court dealing with the offence in respect of which the person failed to appear, constituted in the same way,

(b) where the court referred to in paragraph (a) is the Court of Criminal Appeal, Supreme Court or District Court-by that Court constituted in any other way, or

(c) in any case-by a Local Court.

(5) An offence against this section shall be disposed of:

(a) if dealt with by a Local Court-in accordance with the Criminal Procedure Act 1986 ,

(b) if dealt with by the District Court-in accordance with:

(i) such provisions of the rules under section 171 of the District Court Act 1973 as are expressed to apply in relation to offences against this section, and

(ii) subject to subparagraph (i), Part 5 of Chapter 4 of the Criminal Procedure Act 1986 as if references in that Part to the Supreme Court were references to the District Court and references to rules were references to rules under section 171 of the District Court Act 1973 and as if the Criminal Appeal Act 1912 applied to any appeal from the decision of the District Court in the same way as it applies to an appeal from a decision of the Supreme Court in summary proceedings,

(c) if dealt with by the Supreme Court-in accordance with Part 5 of Chapter 4 of the Criminal Procedure Act 1986 , or

(d) if dealt with by the Court of Criminal Appeal-in accordance with:

(i) such rules made under the Supreme Court Act 1970 as are expressed to apply in relation to offences against this section, and

(ii) subject to subparagraph (i), Part 5 of Chapter 4 of the Criminal Procedure Act 1986 as if references in that Part to the Supreme Court or a Judge thereof were references to the Court of Criminal Appeal and as if section 3 (2) of that Act had not been enacted.

(6) Proceedings for an offence against this section may be commenced at any time.

(7) A person convicted by a Judge of an offence against this section shall, for the purposes of section 5 (1) of the Criminal Appeal Act 1912 , be deemed to have been convicted of the offence on indictment.

(8) Notwithstanding anything in Division 2 of Part 4 of the Crimes (Sentencing Procedure) Act 1999 , the court imposing a sentence of imprisonment pursuant to this section may direct that the sentence and any other specified sentence or sentences of imprisonment then imposed on the person convicted or then being served by the person be served consecutively, in which case the firstmentioned sentence shall commence at the expiration of the other sentence or sentences.