What Happens If I Breach Bail in New Zealand?
When you’re granted bail, it’s a chance to stay in the community while your case makes its way through the courts. But it’s not unconditional freedom it comes with rules. And if you breach those bail conditions, the consequences can be serious, fast, and hard to undo.
As a criminal defence lawyer, I’ve helped many clients across Auckland who have accidentally (or unavoidably) breached their bail. Whether it was missing a curfew, forgetting to report to police, or running into someone you weren’t supposed to contact, my advice is always the same:
Act quickly. Don’t ignore it. Don’t make it worse. Call your lawyer.
What Counts as a Breach of Bail?
You can breach bail by:
Failing to report to police as required
Not living at your approved bail address
Breaking a curfew (even by a few minutes)
Consuming alcohol or drugs if those conditions apply
Contacting someone you were ordered to stay away from
Being in a restricted area (e.g. the scene of the alleged offence)
Even if it was accidental, a breach is still taken seriously.
What Happens If I Breach Bail?
If police believe you’ve breached bail, they can:
Arrest you immediately
Take you back to court within 24 hours
Oppose bail at the next appearance
Request that you be remanded in custody until your trial or sentencing
In short you can lose your bail and be held in prison until your case is resolved.
Can a Lawyer Help After a Breach?
Absolutely. In fact, how your lawyer handles the breach can make all the difference.
As your defence lawyer, I will:
Explain the reason for the breach (e.g. confusion, emergency, misunderstanding)
Provide evidence (e.g. transport delays, medical reasons, documentation)
Argue that it was non-deliberate or minor
Ask the judge to reinstate bail or vary the conditions
Work to prevent the breach from influencing your main case
Common Bail Breach Situations I’ve Helped With:
A client who missed their police reporting time due to being stuck in hospital
A young person who breached curfew after staying at a relative’s place without permission
A client who ran into the protected person unexpectedly and left immediately—but was still reported
A worker who misunderstood the ban on entering a commercial property tied to the charge
Every situation has context. My job is to make sure the judge hears your side before rushing to judgment.
What You Should Do If You’ve Breached Bail
Don’t hide from it. That only makes things worse.
Call me immediately. The sooner we act, the more we can control the outcome.
Keep records. If something caused the breach, document it.
Don’t breach again. A second breach is much harder to defend.
Bail Is a Privilege. Let’s Keep It That Way.
If you’ve been charged with a criminal offence and granted bail, you’ve been given a chance to carry on with your life. But mistakes happen and the system moves fast.
📞 If you’ve breached your bail or are at risk of doing so, Contact Us Now . I’ll help you get ahead of it before it spirals.
Disclaimer: This blog is for general information only and does not constitute legal advice. If you’ve breached bail or need help with your bail conditions, speak to a qualified criminal defence lawyer immediately.
