Following reforms that took effect in 2025, it is once again a criminal offence to commit further offending while on bail or to breach certain bail conditions. These bail offences are charged in addition to the original matter and can have a serious impact on your case. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and across Victoria on fixed fees.
The Reintroduced Bail Offences
As part of the 2025 changes to Victoria’s bail laws, the Bail Act 1977 again contains offences including:
- Committing an indictable offence while on bail; and
- Contravening certain conduct conditions of a bail undertaking without reasonable excuse.
These offences carry their own penalties, separate from and in addition to the penalty for the original charge and any new offending. They were a central feature of the tightening of Victoria’s bail regime.
Failing to Answer Bail
Separately, failing to attend court in accordance with a bail undertaking — commonly called failing to answer bail — is an offence and can also lead to a warrant being issued for your arrest and to bail being revoked. If you have missed a court date, obtaining advice quickly is important.
Why Bail Offences Matter Beyond the Penalty
A bail offence does more than add a charge. It can make it significantly harder to obtain bail in the future, because it bears directly on the question of unacceptable risk and, for many offences, engages the tougher reverse-onus bail tests. It can also affect how the court views the original matter. This is why a breach should never be treated as trivial.
Defending the Charge
- Reasonable excuse for the alleged breach;
- No breach in fact — the condition was not contravened, or the underlying offence is not made out;
- Factual dispute; and
- Negotiated resolution in suitable cases.
If you have been charged with a bail offence, or have missed a court date, contact us promptly. For how bail works generally, see our guide to bail in Victoria.
Frequently Asked Questions
Is it a crime to offend while on bail in Victoria?
Yes. Following the 2025 bail reforms, committing an indictable offence while on bail is again a criminal offence under the Bail Act 1977, as is contravening certain conduct conditions of a bail undertaking without reasonable excuse. These carry their own penalties in addition to the original matter.
What happens if I miss a court date while on bail?
Failing to answer bail is an offence and can lead to a warrant being issued for your arrest and to your bail being revoked. If you have missed a court date, you should obtain legal advice as quickly as possible so the situation can be addressed properly.
How does a bail offence affect my chances of getting bail again?
It can make future bail significantly harder to obtain. A bail offence bears directly on whether you present an unacceptable risk and, for many offences, engages the tougher reverse-onus bail tests introduced in 2025. It can also influence how the court views your original matter.
Is ‘reasonable excuse’ a defence to breaching a bail condition?
For the offence of contravening a conduct condition of a bail undertaking, the breach must be without reasonable excuse — so a genuine reasonable excuse can be a defence. Whether it applies depends on the specific condition and circumstances, and you should get advice.
Are these bail offences charged separately from my main case?
Yes. A bail offence is a separate charge with its own penalty, in addition to the penalty for your original matter and any new offending. This is why a breach of bail should be treated seriously and dealt with carefully.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers provides experienced, fixed-fee representation for this charge and all criminal matters, appearing at the Ballarat Magistrates’ Court and across Victoria. Contact us for a free, confidential initial consultation.
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