Fail to Comply & Breach of Probation

Understanding Administration of Justice Offences

The criminal justice system operates on strict rules. When you are released on bail, sign an undertaking, or are placed on probation, the court imposes specific conditions you must follow. Failing to adhere to these conditions results in what is known as an "administration of justice offence."

These charges are taken incredibly seriously by the Crown and the courts, as they are viewed as a direct defiance of a judicial order. The most common charges include:

• Fail to Comply with a Release Order (Bail Violation): Breaching a condition of your bail, such as missing a curfew, contacting a prohibited person, or consuming alcohol.
• Fail to Comply with an Undertaking: Violating the terms of a release document signed at the police station.
• Fail to Appear: Missing a scheduled court date or failing to show up for fingerprinting.
• Breach of Probation: Violating the terms of a probation order after a sentence has been imposed.

The Snowball Effect of a Breach

Many people assume that if the underlying criminal charge (e.g., an assault or theft) is ultimately dropped or won at trial, the breach charge will simply disappear. This is entirely false.

A breach is a separate, standalone criminal offence. Even if you are proven completely innocent of your original charge, you can still receive a permanent criminal record and jail time simply for missing a court date or breaking a curfew. Furthermore, a "Fail to Comply" charge can trigger the revocation of your current bail, resulting in you being arrested and held in pre-trial custody until your case concludes.

Defending Against Breach Charges

While the Crown treats these offences strictly, they are highly defensible. A conviction is not automatic. To secure a conviction, the Crown must prove beyond a reasonable doubt that you intentionally or recklessly violated the court order. Common and highly effective defences include:

• Lawful Excuse: Were you physically unable to attend court due to a documented medical emergency? Did your car break down on the way to the police station for fingerprinting? A genuine, uncontrollable emergency can serve as a complete defence.
• Ambiguous Conditions: Were the conditions of your release order drafted vaguely or confusingly? If a condition is not crystal clear, you cannot be faulted for a misunderstanding.
• Lack of Intent: The Crown must prove you had the mental intent (mens rea) to breach the order. Honest mistakes or clerical errors regarding court dates often negate this intent.
• Charter Violations: Was the evidence of your breach obtained through an illegal search and seizure by the police?

Why Choose TL Criminal Defence?

Trevor Lau has a proven track record of successfully negotiating with the Crown to have Fail to Comply and Breach of Probation charges withdrawn. Often, by demonstrating a client's overall compliance, resolving the underlying substantive charges, or clarifying the circumstances of the breach, we can protect your freedom and prevent a minor mistake from becoming a permanent criminal record.

If you have been charged with a breach, or if you know you have missed a court date and there is a warrant out for your arrest, contact our office immediately to arrange a safe, strategic surrender and defence plan.