Victorian Consolidated Legislation

Bail Act 1977 - SECT 30

Failure to answer bail

30. Failure to answer bail



(1) Any person released on bail who fails without reasonable cause, the proof
whereof lies upon him, to appear in accordance with his undertaking of bail
and surrender himself into custody shall be guilty of an offence against this
Act.

Penalty: Imprisonment for twelve months.

(2) In any proceedings against a person for an offence against this section-

   (a)  a document purporting to be or to be a copy of an undertaking of bail
        entered into by the defendant and to be certified by an officer of the
        court having the custody of the document to be the undertaking or a
        copy of the undertaking with which it is alleged in the proceedings
        that the defendant has failed to comply shall be prima facie evidence
        of the entry of the defendant into the undertaking and of the
        conditions of the undertaking; and

   (b)  a document purporting to be or to be a copy of a declaration of
        forfeiture made by a court of an undertaking of bail entered into by
        the defendant and certified by an officer of the court having the
        custody of the document to relate to the undertaking of bail with
        which it is alleged in the proceedings that the defendant has failed
        to comply shall be prima facie evidence of the failure of the
        defendant to appear in answer to his bail and surrender himself into
        custody.

(3) In any proceedings against a person for failing to answer bail for
appearance at a trial a certificate purporting to be signed by the Director of
Public Prosecutions as to the sending by post or by telegram or cablegram of
notice of the time and place fixed for the conduct of the trial shall be prima
facie evidence of the service of the notice.