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Bail Act 2000

Court bail - Granting of bail on adjournment - Procedures after defendant granted bail

38: Failure to answer bail

You could also call this:

"What happens if you don't show up to court when you're on bail"

Illustration for Bail Act 2000

If you are on bail and you do not show up to court when you are supposed to, you can get in trouble. You can be sent to prison for up to one year or have to pay a fine of up to $2,000. This happens if you do not have a good reason for not attending court. If your court case is delayed and you do not show up to the new court date, you can also get in trouble. You must attend court when you are told to, or you will be in trouble. You must also follow any rules that the court gives you, like the ones mentioned in section 40(3). You will be in trouble if you do not follow these rules without a good reason. The court will decide if your reason is good enough. You must take your bail conditions seriously and follow the rules.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68962.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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"What happens if you break bail or run away from the law"

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39: Non-performance of condition of bail may be certified and recorded, or

"What happens if you break your bail conditions"

Part 3Court bail
Granting of bail on adjournment: Procedures after defendant granted bail

38Failure to answer bail

  1. A defendant commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $2,000 who, having been released on bail by the Supreme Court, the Court of Appeal, the High Court, the District Court, or a Registrar,—

  2. fails without reasonable excuse to attend personally at the time and the court specified in the notice of bail or bail bond; or
    1. fails without reasonable excuse to attend personally at any time and place to which during the course of the proceedings the hearing has been adjourned; or
      1. fails without reasonable excuse to comply with any condition imposed under section 40(3).

        Notes
        • Section 38: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
        • Section 38: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).