When someone is charged with criminal offences, there is usually more than one court date.  If the matter is adjourned, the defendant is usually required to sign a bail undertaking.

The bail undertaking contains certain information such as their name and address, what they have been charged with, what court file the charges relate to, the next court date, and any conditions they are required to abide by.

A bail undertaking is a written promise, signed by the defendant, that they will return at the next court date and abide by the conditions of the bail.  If the defendant fails to appear at the next mention, the magistrate or judge has the power to issue a warrant of apprehension under the Bail Act.  That means, the police can lawfully arrest the defendant for the purpose of bringing them back before court.

There are a few different types of bail undertaking, but the most common one is imposed by a magistrate.  However, the police can also place someone on bail if they have charged the person and released them, rather than detaining them in the watchhouse.

Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.