How do I change my bail or police undertaking?

Bail is a court order allowing you to remain in the community until your criminal case is finished. You must sign the court order and promise the court that you'll follow certain conditions. Conditions are rules that you must follow while you're out on bail.

A police undertaking is similar to bail. You must promise to follow certain conditions. But a police undertaking is a promise to the police instead of to the court.

There are two ways to change the conditions of your bail or police undertaking. You can:

• ask for a consent variation, or
• apply for a bail review in the Superior Court of Justice.

It's a good idea to hire a lawyer to help you. Duty counsel do not usually help with variations or bail reviews.

Consent variation

A consent variation is when the Crown agrees to change the conditions. To get the Crown to agree, you or your lawyer must explain to the Crown why you need the changes.

If the Crown agrees, then you, your surety, and the Crown will fill out a form and send it to the court. A consent variation does not cost anything, and it can usually happen quickly. Read more about this in Step 2.

Bail review

If the Crown doesn't agree to change your conditions, you can apply to the court for a bail review. A bail review can be expensive. It also takes longer than a consent variation.

To apply for a bail review, you must give a Notice of Application to the Crown. Read more about this in Step 3.