Author: Ophelia Hollway
Practice area: Breach offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Failure to Answer Bail?
Failure to Answer Bail is a Victorian offence under section 30 of the Bail Act 1977. It applies where a person who has been granted bail does not comply with the requirement to answer bail on a scheduled court date. The offence focuses on non-attendance after bail has been granted, rather than the original alleged offence.
Key points
- What must be proved: The accused was on bail, failed to attend and surrender as required, and had no reasonable excuse.
- Type of conduct: Not attending court and not surrendering into custody in accordance with a bail undertaking.
- Court level: Usually dealt with as a summary offence in the Magistrates’ Court.
The maximum penalty for Failure to Answer Bail is level 7 imprisonment (up to two years).
Common defences may include a medical emergency or another reasonable excuse.
Are you accused of Failing to Answer Bail? Speak with one of experienced lawyers who can assist you with arranging to have the arrest warrant issued and for you to be bailed to a new Court date. It may be that you had a good reason for missing Court and this can be discussed with the Police.
Our lawyers can also help you re-apply for bail. Our lawyers can:
- Discuss organising a surety,
- Gather material to show the Court you are working while on bail,
- Organise witnesses to attend Court.
Police interview
Before attending the Police station to be interviewed for Failing to Answer Bail, you should receive legal advice. It is always best to arrange a time with Police for you to attend the station to execute the warrant. This will demonstrate to the Police that you are not intentionally avoiding Court.
You may want to know if the Police will remand you, which is why it is important to speak with one of our lawyers first.
Our lawyers can also be ready on-call to conduct a bail application on your behalf if the Police refuse to re-bail you to a new Court date.
Pleading guilty
If you are pleading guilty to a charge of Failing to Answer Bail, we can assist you with what to tell the Court on your behalf. A lot of the time, people have a genuine reason for Failing to Answer Bail. It is important that the Court hears why it is that you missed Court.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Bail Act 1977 (Vic) s 30(1) — 113 charges, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 61.9% |
| Fine | 15.0% |
| Other | 10.6% |
| Community Correction Order | 8.8% |
| Youth Justice Centre Order | 3.5% |
The data highlights a substantially greater likelihood of a custodial sentence at this level, usually reflecting more serious underlying matters or repeated non-compliance. Sentencing remains individualised, with the court assessing the surrounding circumstances and personal history before imposing penalty. Skilled representation is essential where the prospect of imprisonment is high.
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Bail Act 1977 (Vic) s 30(1) — 18,665 charges across 12,843 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 31.1% |
| Imprisonment | 20.9% |
| Community Correction Order | 19.9% |
| Adjourned Undertaking | 19.8% |
| Discharge/Dismissal | 8.0% |
| Other | 0.3% |
These figures demonstrate that custody is a significant risk for this offence, although a range of non-custodial options are regularly imposed. The court will consider the reason for the failure to appear, prior compliance with bail and overall history before determining sentence. Early advice and careful preparation are critical.
Which court will the case be heard in?
This is a summary charge which means that it will generally be heard in the Magistrates’ Court.
Examples of Failure to Answer Bail
- A man has been released from jail and has a court date to answer bail but does not attend Court on this date.
What is the legal definition of Failure to Answer Bail?
Failure of a person released on bail, without reasonable excuse, to attend in accordance with his or her undertaking of bail and to surrender himself or herself into custody.
Legislation
The section that covers this offence is section 30 of the Bail Act 1977.1
Elements of the offence
For an accused to be proven guilty of this charge, the following elements must be established in court:
- The accused was released on bail.
- The accused failed to attend in accordance with his undertaking of bail and to surrender himself into custody.
- The accused had no reasonable cause, the proof whereof lies upon him, for said failure to attend.
Failure to do so would mean that the accused is not guilty of the offence.
Did you fail to come to Court?
Defences
- You had a medical emergency.
- You have a reasonable excuse.
It is not a defence that you forgot, unless there is a medical emergency.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- If you did not attend Court, why did you not attend?
Maximum penalty for section 30 of the Bail Act 1977
The maximum penalty for (s30 of the Bail Act 1977) is level 7 imprisonment (2 years).
What can you be sentenced to for this charge?
You will most likely get a fine or a Community Corrections Order if you are found guilty. However if you have previously been convicted of this offence you may receive a prison sentence.
Other Important Resources
- SACStat Higher Courts – Bail Act 1977 (Vic): s 30(1) – fail to answer bail
- SAC Statistics – Bail Act 1977 (Vic): s 30(1) – fail to answer bail
- Failure to Appear in Court in Response to Bail
- Bail Act 1977: Failure to Answer Bail (p. 40)
