Being charged with or convicted of a criminal offence does not automatically mean you cannot travel overseas. However, your ability to leave Australia may depend on your bail conditions, any court orders or sentencing conditions, your passport status and the entry requirements of your intended destination.
For people facing criminal charges in NSW, travelling without checking these restrictions can have serious consequences. Breaching bail conditions, for example, may lead to further legal problems and could affect where you remain in custody.
If you are planning an overseas trip while facing criminal proceedings or after a conviction, it is important to understand the restrictions that may apply to your circumstances.
Being charged with a criminal offence does not automatically prevent you from leaving Australia.
When granting bail, a court may impose conditions designed to ensure that an accused person attends court and complies with the legal process. Depending on the circumstances, these conditions may restrict overseas travel or require the person to surrender their passport.
Conditions may also require a person to remain at a particular address, report to police or comply with other requirements.
Before booking an overseas trip, you should carefully review your bail conditions and any relevant court orders. If you are unsure whether you are permitted to travel, obtain legal advice before deciding.
What happens if your bail conditions prevent overseas travel?
If your bail conditions prohibit you from leaving Australia, travelling overseas without first obtaining the necessary approval or variation could amount to a breach of bail.
A breach can have serious consequences. Police may act in relation to the breach, and a court may reconsider whether you should remain on bail.
Depending on the circumstances, you could be arrested and remanded in custody.
If you need to travel for a family emergency, a work commitment, or another important reason, a lawyer can advise you on whether you can apply to have your bail conditions varied.
You should not assume that having a valid passport or being able to book a flight means you are legally permitted to leave Australia.
Can you apply to have your bail conditions changed to allow travel overseas?
In some circumstances, it may be possible to seek a variation of bail conditions to permit overseas travel.
Whether an application is appropriate will depend on your existing conditions, the nature of the charges and the circumstances of your proposed trip.
Relevant considerations may include:
- the seriousness of the alleged offence;
- your criminal history, if any;
- whether you have previously complied with bail conditions;
- the length and purpose of the proposed trip;
- your ties to Australia, including employment, family and accommodation;
- the likelihood that you will return for future court dates; and
- any concerns about the risk of failing to appear or interfering with the proceedings.
There is no guarantee that a request will be granted. A court will consider the applicable legal framework and the circumstances of the case.
If your travel plans conflict with a court date, you should also obtain advice about your obligation to attend court. You should not simply leave Australia and assume the hearing can be dealt with in your absence.
Can you travel overseas while on parole?
If you are on parole, you should check your parole conditions before making overseas travel plans.
Parole involves a person’s release from custody subject to conditions. Those conditions may restrict travel or require permission before leaving Australia.
Travelling without the required permission could result in a breach of parole and may have serious consequences for your release arrangements.
The position will depend on the conditions that apply to your case.
Can your passport be cancelled because of a criminal offence?
In certain circumstances, an Australian passport may be refused or cancelled in connection with criminal proceedings or other legal restrictions.
Under the Australian Passports Act 2005 (Cth), provisions exist for passport refusal or cancellation in specified circumstances, including certain Australian law enforcement matters and situations involving reportable offenders.
For example, section 12 addresses circumstances involving certain Australian arrest warrants and people who are legally prevented from travelling internationally. Separate provisions apply to reportable offenders who have relevant reporting obligations.
These provisions do not mean that every person charged with or convicted of an offence will lose their passport. Whether they apply depends on the statutory requirements and the individual’s circumstances.
Some countries may refuse visas or deny entry to people with certain criminal histories. Others may assess applications individually or require additional documentation.
Before travelling, check the official immigration requirements for your destination and contact the relevant embassy or consulate if you are unsure how your conviction may affect entry.
You should also answer visa and entry questions accurately. Failing to disclose information when required may result in a visa refusal, denial of entry or other consequences under the destination country’s laws.
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