How do I change my bail or undertaking conditions?
Judicial interim release or more commonly known as bail is a court order that allows you to remain in the community awaiting the completion of your criminal case. There are often conditions that state where you are to be living, a curfew you have to follow, places or people you can not have contact with or be near, among others. You must sign the court order before you are released from custody, this is usually done after going in front of a Judge after a bail hearing.
An undertaking, or sometimes called a recognizance is similar to a bail order and gives you conditions you must follow in the community. The difference is that this order is from the police and you are not going to be held in custody for a bail hearing.
There can be many situations where people’s personal circumstances change and they need to change the conditions of their bail or undertaking. This can be to simply change your address or even to seek changes or deletions to other conditions on your order.
There are two ways to change the conditions of your bail or undertaking:
Ask the Crown assigned to your case to agree to the change
Apply for a bail review
If you are in a situation where you need to change your bail or undertaking conditions it can be very helpful to hire a lawyer.
Consent Variation
A consent variation is where the Crown agrees to the requested change of conditions. If you are on a bail order, often times you will need the Crown’s consent to even change your address. To get the Crown to consent to the change, you or your lawyer must explain the change and why it is necessary to the Crown assigned to your case.
If the Crown agrees to the change, you or your lawyer must complete a form that the Crown signs and sends to the court where a Judge will then sign the order. The variation will not be in place until you (and your surety if you have one) attends to the court and signs the variation.
Bail Review
If the crown does not agree to your requested variation, you can apply to the court for a bail review. This process requires several items to be filed with the courts and can take time.
If you need to change your bail or undertaking conditions and the Crown does not consent, it can be very helpful to hire a lawyer as the process can be complicated and time consuming.
