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 Publishing Evidence Heard During a Bail Application in Breach of a Court Order?
This offence arises where a court makes a non-publication order under s 7(1) of the Bail Act 1977 (Vic) in relation to material presented during an opposed bail application, and a person publishes that protected material contrary to the order.
Key points
- Elements: A bail application was made; the prosecutor opposed bail and provided material to the bail decision maker; the accused published that material within the relevant proceeding timeframe.
- Prohibited conduct: Publishing evidence, information, representations, or reasons given during the bail application in breach of a s 7(1) order.
- Nature of offence: Strict liability offence.
The maximum penalty for Publishing Evidence Heard During a Bail Application in Breach of a Court Order is a fine of 15 penalty units ($3,136.50 as at 2026–27) or imprisonment for three months.
Common defences may include factual error; honest and reasonable mistake as to fact; impossibility.
Getting bail is important and you should be legally represented to give you the best chance possible at getting bail. We make bail applications for our clients regularly and can represent you for your bail application.
Police Interview
If you have been charged with publishing evidence heard during a bail application, police may want to interview you. Remember that you are not obliged to say anything during a police interview and what you do say can be used against you later on. Being interviewed by police is a stressful experience and you don’t need to go through it alone. We can assist you with advice, and can accompany you to a police interview.
Pleading Not Guilty
If you have been charged with this offence and intend to plead not guilty then it is important to be aware of both the court procedures as well the legal aspects of your case. It is best to get a lawyer to help you. Our expert lawyers can help you if you have been charged with this offence. We would closely examine the evidence against you, identify weaknesses and represent you in court.
Pleading Guilty
If you are charged with publishing evidence heard during a bail application against a court order and decide to plead guilty it is important to seek legal advice. The courts take any breach of court orders seriously and you will want to have a lawyer put forward your best case to help you get the best possible outcome. We represent our clients during pleas on a daily basis and can assist you if you have been charged with this offence. We will take the time to get to know you, and your story and be able to put your best case forward to the court.
What is the legal definition of Publishing Evidence Heard During a Bail Application in Breach of a Court Order?
The Bail Act 1977 (Vic) does not provide a definition of ‘publish’, this means we must look to the ordinary English meaning of the word. The Oxford English dictionary defines ‘publish’ as to make information generally known by writing, announcing, reading or to make available online.1
The general legal definition of ‘publish’ is to communicate information to a third party.2
Examples of Publishing Evidence Heard During a Bail Application in Breach of a Court Order
- Publishing the personal details of a victim
- Publishing the personal details of an accused
- Publishing the details of a Police investigation
Elements of the offence
To prove this charge, the Prosecution must establish the following elements beyond a reasonable doubt:
- a bail application was made in respect of a person (P); and
- the prosecutor intended to oppose the bail application and so gave evidence, information, representations, and reasons (if any) to the bail decision maker; and
- the accused (A) published the said evidence, information, representations, and reasons (if any) given by the prosecutor to the bail decision maker; and
- the publishing was made when a committal proceeding is held — before the person (P) in respect of whom the application is made is discharged; or
- the publishing was made when the person (P) in respect of whom the application is made is tried or committed for trial — before the trial is ended
Legislation
This offence is governed by section 7(1) of the Bail Act 1977.
Defences
As this is a strict liability offence, there are limited defences available. However, the following is a list of some defences:
- Factual error
- Honest and reasonable mistake as to fact
- Impossibility
Questions in cases like this
- Was there an order prohibiting the details of the evidence to be published?
- Were details of the evidence published?
You should call us to discuss your case with one of our lawyers if you have been charged. Deciding on whether to plead guilty or not has consequences for you and should be made after proper discussion with a criminal lawyer.
Maximum penalty for section 7(1) of Bail Act 1977
The maximum penalty for Publishing Evidence Heard During a Bail Application in Breach of a Court Order (s7(1) of Bail Act 1977) is a fine of 15 penalty units ($3,136.50 as at 2026–27) or imprisonment for three months.
The maximum penalty is normally reserved for the worst example of offending.
