To establish guilt for failing to comply with bail conditions, the prosecutor must demonstrate that the accused was legally bound by the bail order, violated the specific condition, and intended to breach it. If the violation was accidental, the accused may not be found guilty. For instance, if someone unknowingly breached a distance restriction, they could argue that they were unaware of the breach and might be acquitted.

If it is impossible to follow a bail condition, the court may accept a reasonable excuse. For example, if an accused needed to leave their home due to a medical emergency after curfew, they could argue that they had a legitimate reason for the violation. The accused must prove this excuse to the court on a balance of probabilities, and if successful, they could be found not guilty.

Pleading guilty to breaching bail can lead to a jail sentence and impact future bail requests. However, prosecutors may not always have the evidence to prove the violation. Before pleading guilty, it's important to review the evidence with a defence lawyer to explore potential defences.

If the police illegally stopped and searched the accused, leading to the discovery of the bail violation, it could be a defence. If the court rules that the evidence from the illegal encounter is inadmissible, the prosecutor may be unable to prove the charge, leading to a potential acquittal.