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Bail Act 2000

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

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

You could also call this:

"What happens if you break your bail conditions"

Illustration for Bail Act 2000

If you are on bail and you do not follow the conditions, a judicial officer may write on your bail notice that you did not comply. This written notice is proof that you did not follow the conditions, unless you can prove otherwise. The judicial officer will tell the Registrar to record this in your court file, as stated in section 184 of the Criminal Procedure Act 2011. If you do not have a good reason for not following the conditions, the judicial officer must tell the Registrar to record it. But the judicial officer might decide not to record it if they think it was a very minor mistake. If it is recorded, it can be considered if you apply for bail again in the future. A judicial officer is a person who makes decisions in court, and who that person is depends on your situation. If you were granted bail for a less serious offence, it could be a District Court judge, a Registrar, or a Police employee. But if it was a more serious offence, or if the Solicitor-General is involved, as stated in section 187 of the Criminal Procedure Act 2011, it would be a Judge. Any failure to comply with bail conditions that is recorded can be considered when you apply for bail again, and this will be kept in your court record.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68964.

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Crime and justice > Courts and legal helpCrime and justice > Police and safety
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"What happens if you don't show up to court when you're on bail"

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

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

  1. If a defendant who has been released on bail at any time fails to comply with any condition of bail, a judicial officer may certify on the notice of bail or, as the case may require, the bail bond the non-performance of that condition.

  2. A certificate given by a judicial officer under subsection (1) is, in the absence of proof to the contrary, sufficient evidence for the purposes of sections 24 and 38 that the defendant has failed to comply with the condition of the notice of bail or bail bond specified in the certificate.

  3. In addition to the certification described in subsection (1), if a defendant who has been released on bail at any time fails to comply with any condition of bail, without reasonable excuse, a judicial officer must direct the Registrar that the nature of the condition and the non-performance of the condition be entered in the court record kept in accordance with section 184 of the Criminal Procedure Act 2011.

  4. Despite subsection (3), the judicial officer may decide not to direct that the failure to comply be entered in the court record if in the judicial officer's opinion the failure to comply is of such a minor nature that it does not warrant being taken into account when considering an application for bail from the defendant on a subsequent occasion.

  5. A failure to comply with any condition of bail that is entered in the court record under subsection (3) may be considered in any subsequent application for bail made by that defendant over his or her lifetime.

  6. In this section, judicial officer means—

  7. any judicial officer, if the defendant was released on bail by the District Court, a Registrar, or a Police employee in relation to a category 1, 2, or 3 offence and the Solicitor-General has not assumed responsibility for the proceedings in accordance with section 187 of the Criminal Procedure Act 2011:
    1. a Judge, if any of the matters set out in paragraph (a) do not apply.

      Notes
      • Section 39: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
      • Section 39(1): amended, on , by section 29(1) of the Bail Amendment Act 2013 (2013 No 66).
      • Section 39(3): amended, on , by section 29(2) of the Bail Amendment Act 2013 (2013 No 66).
      • Section 39(6): replaced, on , by section 29(3) of the Bail Amendment Act 2013 (2013 No 66).
      • Section 39(6)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).