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 to Commit an Indictable Offence Whilst on Bail?
This Victorian offence under s 30B of the Bail Act 1977 applies where a person is on bail and is then found guilty of a new indictable offence. If a person pleads guilty to, or is found guilty of, that indictable charge, guilt for this bail offence follows automatically.
Key points
- Elements: On bail at the relevant time, and committed an indictable offence during that period.
- Indictable offence threshold: The new offence must carry a maximum penalty of more than 2 years’ imprisonment.
- Usual court: Magistrates’ Court.
The maximum penalty for Offence to Commit an Indictable Offence Whilst on Bail is a fine of 30 penalty units ($6,273 as at 2026-27) or imprisonment for 3 months.
Common defences may include factual error and impossibility.
Have you been accused of this offence? You must be aware that the Police may make an application to revoke your existing bail if you are accused of committing an indictable offence. Our lawyers will prepare to re-apply for bail on your behalf by:
- Discuss organising a surety,
- Gather material to show the Court you are working while on bail,
- Organise witnesses to attend Court.
Police interview
If you are on bail and the Police want to interview you in relation to another offence, you should contact one of our lawyers before you participate in a Police interview. Our lawyers can advise you how to deal with the new allegations and prepare for a bail application.
We can answer your important questions such as: should I make a statement to Police? Should I attend a Police interview? Will the Police leave me alone if I explain my side of the story? Will I be remanded?
You must know that the Police have normally made up their mind to charge you before the Police interview.
Our lawyers can also be ready to re-apply for bail for you.
Pleading not guilty
Our experienced lawyers can defend you against these new allegations. With extensive experience handling similar charges, we will clearly explain how the process works and guide you through each stage of your defence to achieve the best possible outcome.
Pleading guilty
If you decide to plead guilty or are found guilty of the new indictable charges, you will be automatically found guilty of Committing an Indictable Offence Whilst on Bail.
We can prepare a plea strategy for you for all offences. It is always best to conduct one plea of guilty to all charges in one Court to avoid receiving more than one penalty.
Sentencing
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Bail Act 1977 (Vic) s 30B — 45,341 charges across 24,979 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Imprisonment | 50.0% |
| Community Correction Order | 22.3% |
| Fine | 12.4% |
| Adjourned Undertaking | 10.3% |
| Discharge/Dismissal | 2.7% |
| Other | 2.2% |
The data indicates a significant risk of imprisonment, reflecting the seriousness of committing further offending while already on bail. The court will consider the nature of the underlying offence, prior history and overall circumstances when determining sentence. Early legal advice can play an important role in influencing the outcome.
Which court will the case be heard in?
This offence is usually dealt with in the Magistrates’ Court.
What is the legal definition of Offence to Commit an Indictable Offence Whilst on Bail?
An indictable offence is a serious offence which attracts a penalty of more than 2 years in gaol. These offences can be found in the Crimes Act.
- Being charged with armed robbery while on bail for other offences
- Being charged with trafficking while on bail for other offences
- Being charged with theft while on bail for other offences
Elements of the offence
To be found guilty of this offence, the prosecution must prove that the accused was on bail and that the accused committed an indictable offence during such time. These two (2) elements need to be established beyond reasonable doubt.
Legislation
This offence is governed by section 30B of the Bail Act 1977.
Defences
Factual error and impossibility are defences to a charge of committing an indictable offence whilst on bail.
Questions in cases like this
- Were you on bail at the relevant time?
- Did you commit an indictable offence?
- What evidence do the Police to support the indictable offences?
If you have been charged with this offence, you should call us to speak with one of our experienced lawyers about your matter. Pleading guilty to this offence can have serious implications.
Maximum penalty for section 30B of the Bail Act 1977
The maximum penalty for Offence to Commit an Indictable Offence Whilst on Bail (s30B of the Bail Act 1977) is a fine of 30 penalty units ($6,273 as at 2026-27) or imprisonment for 3 months.
Case studies related to Offence to Commit an Indictable Offence Whilst on Bail
- Bail Application – Arson Whilst on CCO for Similar Offences
- Exceptional Circumstances in a Contested Bail Application
- Theft of Motor Vehicle and Commit Indictable Offence Whilst on Bail
- Breach Intervention Order Whilst On Bail
