Magistrate Says DPP Charged A Man Over Something That Is Not a Crime

By Alric Lindsay

Magistrate Murray was told in the Summary Court today, August 5, 2026, that the Office of the Director of Public Prosecutions laid a charge against a man for something that is not a criminal offence.

Andrew Lopez Frederick appeared before Magistrate Murray where the court heard that he had been charged with breaching his bail under section 13 of the Bail Act.  Highlighting the obvious, Defence Counsel Oliver Grimwood explained that the provision does not create a criminal offence. Instead, Grimwood said it makes a breach of bail an arrestable matter, allowing police to detain a person, but it is not itself something a person can be charged with and tried for.  DPP Crown Counsel accepted that a breach of bail is not a criminal offence.

After hearing from counsels, Magistrate Murray said, “laying it out in the manner in which it was laid out as though he can be penalized” was an error by the DPP from the beginning. As a result, there was nothing for the court to rule on.  

Frederick was granted unconditional bail, and the matter was adjourned to August 19, when his trial will commence for the matter he was bailed on.

Note to readers

Section 13 of the Bail Act refers to an “arrestable” offence, but not a “criminal” offence.  Specifically, it states as follows:

Arrest of person on bail

13. (1) A police officer may arrest without warrant a person on bail in criminal proceedings — (a) if the officer has reasonable grounds to believe that the person is not likely to surrender to custody; (b) if the officer has reasonable grounds to believe that the person is likely to break or has broken a condition of his bail; or (c) if a surety notifies the officer that the person is unlikely to surrender to custody and for that reason wishes to be relieved of his obligations as surety.

(2) A person arrested under subsection (1) shall, as soon as practicable, be brought before — (a) the court that granted him bail; or (b) the police officer who granted him bail or, if that officer is not available, an officer of a rank equal to or higher than the rank of the officer that granted him bail, as the case may be.

(3) A court or police officer before whom a person is brought under subsection (2) shall remand the person in custody if the court or officer is of the opinion that the person — (a) is not likely to surrender to custody; or (b) is likely to break or has broken a condition of his bail, but if not of that opinion shall release him on bail subject to the same conditions, if any, as were originally imposed.