NSW Can I Travel Overseas While on Bail?

Discussion in 'Criminal Law Forum' started by Dave Anderson, 10 June 2018.

  1. Dave Anderson

    Dave Anderson Member

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    Hi There,

    I am currently on bail. I have been charged with Indictable Crime, but I have not made any plea yet. The case is still in magistrates court. I have restrictions on my bail for overseas travel. I just can't go through the whole case and stress.

    I am from Europe and I would just rather leave Australia. I just want to know, will Immigration stop me from leaving the country? How would they know that I am on bail?

    Please help me someone!

    Thanks
     
  2. Tim W

    Tim W Lawyer
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    Your name is already on a list ("on the computer")
    at the airport.
    Yes, they will stop you at the gate.
    And then , your bail will magically disappear,
    and you will almost certainly go into full-time custody until your trial.
     
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  3. Dave Anderson

    Dave Anderson Member

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    So does Airlines check my name? or the ABF?
     
  4. Tim W

    Tim W Lawyer
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    I am not going to give you any more information,
    because I will not be a party to your attempt to
    breach bail and escape the jurisdiction.

    Comply with your bail conditions.
     
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  5. Lucaslly97

    Lucaslly97 Well-Known Member

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    As the lawyer said, the computer has your name.
    You can't get out without a fake passport.
    But do you really want to risk it?

    However, thinking about the process of getting out of Australia.
    You arrive at the airport, check in at an airline desk. Say they don't have the right to decline your ticket or that they don't know you are on bail then you will have your airplane ticket.
    You go to the entrance where the guards are and will verify your passport with your ticket which would not be an issue whether you are on bail or not.
    Then it comes to the scanning of items and yourself with no identify check involved.
    Finally you are awaiting your flight in chairs.

    Unknowns:
    Will systems actively check for names and possible people who shouldn't be in the airport for legal reasons? If true, they will call you name and I guess cops will be on the plane to get you off.
    Will the airplane desk be a place where they just hand out tickets to everyone that pays for them or will they say to you for some reasons unknown to them, they cannot issue you the ticket? (Considering confidentiality I think airline people shouldn't know about your bail or offense.)
     
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  6. Dave Anderson

    Dave Anderson Member

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    Hey Lucas,

    Thanks for your reply. I really appreciate it. Yeah you are right about if airline has a system in place to check for these things. I was more concern about the border force, I don't know if they check each and every PNR to see the persons of interest or if someone trying to leave country.

    Do you have any information about that?

    Thanks
     
  7. Clancy

    Clancy Well-Known Member

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    You could always try to make a legal application to leave the country, but I doubt it will be granted unless you have a very good reason.

    If you want to fight for the rights of people on bail, then go look for an on bail community group and ask them your questions.
     
  8. Lucaslly97

    Lucaslly97 Well-Known Member

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    Ok. I think the only border force of the country you are going to, will check you up. But I don’t know if your intel will be in all other countries.

    Leaving a country doesn’t involve going through the border force checking your passport with a computer ( at least not according to my memory). But you do need to go through a gate that scans your passport. Now I don’t think that will stop you because you can fly nationally, the bail only says you can’t go international.

    If you really want to attempt this, buy 3 tickets. One to another Australian state, 2 others to different countries just so no one knows which flight you boarded. (Refer to my signature, please don’t attempt this if it breaches the law.)
     
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  9. Tim W

    Tim W Lawyer
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    Sorry?
    Who do you think runs those computers at the gates between landside and airside?
     
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  10. Dave Anderson

    Dave Anderson Member

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    Thanks Lucas, I really appreciate your help.
     
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