I’m not living at my bail address…

[Brownone]

Hello,
So my question is this, I was bailed to a certain address in Queensland and made to wear a tracking bracelet. So basically the bracelet was put on to stop me from near certain places, which I certainly haven’t, although I’m no longer living at my designated bail address, hello tracking bracelet!! So I’m also checking in 3 times a week to my local police station and nothing has been said, I’ve been at my new address for like 2 weeks now and nobody has come to check, bracelet always charged etc.. I want to tell my solicitor now what is happening but unsure if they have some sort of duty of care to report me, obviously don’t want any more trouble for myself. I’m going to sentence next week and was wondering are the police going to have a printout of tracking and then hit me up for it, or what??? Like I said bracelet is always charged and I check 3 times a week, so why haven’t they bothered yet?? Or is the bracelet more so I don’t go to restricted areas?? Please help, Thanks all!!

 

[Nighthelyn]

Dear Brownone,

Very generally if you fail or are about to fail to comply with a condition of your bail the police have a discretion regarding what they will do. They can choose to take no action or they may warn you against any further breaches. They can also issue a court attendance notice for you to come to court, or apply for a warrant for your arrest, or arrest you without a warrant and take you before the court. The police will ask the court to either revoke your bail or vary the conditions.

If you have a lawyer, this lawyer is bound by client professional privilege and in only some exceptions is not allowed to report your situation to others. These exceptions include if you give permission to disclose, or are a danger to yourself or to community, if you interfere with someone or a witness, if you disappear, if you likely will harm a child. From what you are saying, your lawyer is unlikely to form the view he/she must “tell on you”. If you have a good reason to have to live somewhere else your lawyer may even by consent with the police apply for a variation of your bail conditions.

You should decide - take the risk given sentencing is next week - maybe police really does not know - electronic monitoring devices are not always that precise, with 300-400m difference not unheard of; maybe the police waits on sentencing to use your technical breach to affect your sentencing (unlikely unless you intend to mislead the court that you didn’t breach your bail conditions at all). The alternative is ask your lawyer and get this in the open and sorted - especially if you have a good reason to move your place of abode.

Good luck!
-Nighthelyn

 

[Tim W]

You mean "Is your solicitor obliged to dob you in"?

Speaking generally, and not about your specific case,
the answer is "Sometimes, but not always and not automatically."

A person may have a good reason to no longer be at that address.
For example, they might be fleeing violence, or
been kicked out by the family, or
been served an Eviction Notice by their landlord.
Or maybe (and yes, this happens...), there is somebody else in their household who has, say, an AVO against them,
with a condition that they can't live there.
Or, or, or....

Contact your solicitor without delay.

 

[Hellomyonlyfriend]

Always remember the solicitors paramount duty is to the court, not you.