How do I change my bail or police undertaking?
Question & AnswerHow do I change my bail or police undertaking?
Bail is a allowing you to remain in the community while your case is in criminal court. A police is another type of release from . Both types of release can have conditions that you must follow.
You can ask to change the conditions of your or police undertaking. This can be done through:
- a consent variation, or
- an application for a in the
You will likely need to hire a lawyer to do this. Duty counsel do not usually help with variations or bail review applications.
Being able to change your conditions is not a right. The court may not agree to your request.
You or your lawyer can call the Crown to ask if they will agree to the changes you want. If the Crown says they agree, you and your can fill out the Application for Consent Bail Variation form and email it to the Crown. The Crown will fill in their part and send the form to the court. The court decides if the changes should be approved. You must follow your original bail conditions until the court emails you an approved form.
Your lawyer can help you with the consent variation. Your lawyer can talk to the Crown about the change and give them documents that show why the change is necessary.
If the Crown doesn't agree to the variation, you can try to have the condition changed through a bail review.
Asking to have your conditions changed through a bail review is costly and takes time. To apply for a bail review, you must give a Notice of Application to the Crown and go to the Superior Court of Justice.
Your application must explain why you want a bail review. You must prove that:
- there has been a material change in circumstance, or
- an error in law was made during your original .