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How Do I Change My Bail Conditions?

Your bail conditions will remain in place until your Court matter is over, unless they are varied or dispensed with by a Court. If you need to change your bail conditions there are a number of things that need to be done.

Firstly, your solicitor should contact the officer in charge of the matter and advise them of the proposed changes to the bail conditions and to ask them to consider whether they agree or disagree with the changes.

If the change can be by consent, the bail variation will be a lot easier once you get to Court.

This step is important, as most prosecutors will refuse to deal with a Bail Variation Application if they don’t have instructions from the police about whether to agree to it or not. This can result in your application being delayed, or, the prosecutor contesting the application unnecessarily.

Your solicitor will also need to contact the relevant prosecutor, or DPP solicitor, and put them on notice of your intention to file a Bail Variation Application.

Your solicitor will then need to prepare, and file a Bail Variation with the Court and ask the Court to list the matter for hearing of the application.

If the application is likely to be contested by the police, your solicitor will discuss with you what documentary evidence needs to be prepared to present to the Court. This can be a complex process for serious matters, which might involve obtaining affidavits, surety’s and reports.

Once at Court, your solicitor will present your Bail Variation application to the Magistrate. Even if the police agree with the proposed changes, the Magistrate still needs to agree that they are appropriate.

A couple of important things to remember:

  • You cannot make multiple bail applications in the Local Court. The Bail Act 2013 requires that there has to be a ‘change in circumstances’ since the last bail application in order for you to be able to make another one. This is designed to prevent people from being able to try the same application again when it has already failed once. For this reason, it is important that you do any Bail Application properly the first time.
  • If you were granted bail by the Supreme Court the Local Court can only vary that bail if the Court is satisfied special facts or circumstances justify the hearing of the bail application. If you are unsure what court to file your bail application in, you should get some legal advice.
  • Bail is a serious issue, with serious consequences for your liberty if it goes wrong.

Image Credit – Roman Motizov ©

Written by Angela Cooney on July 6, 2018

Angela is able to assist clients with all criminal offences such as assaults, drug charges, traffic matters, theft, break and enters, firearms, sexual offences and apprehended violence orders. Angela is an experienced Court advocate having appeared in the Local and District Court, the Court of Criminal Appeal as well as in Federal jurisdictions in a multitude of matters, including complex strictly indictable trials. View Angela's profile

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