3. Contact the Crown

Being able to change your conditions is not a right. The Crown or a judge must agree with your request.

Consent variation

You or your lawyer will need to explain to the Crown why the conditions of your bail or police undertaking should be changed. Being able to change your conditions is not a right. The Crown will consider a reasonable request, but they may not agree to make the change.

The Crown will consider:

• the offence you’ve been charged with
• the conditions you’re asking to change
• the reasons why you’re asking for the change
• potential safety concerns for the complainant  or community
• how well you’ve followed the conditions of your bail so far

If the Crown agrees to the change, you or your lawyer will have to complete a Bail Variation form. This form must be signed by your sureties, the Crown, and a judge or a justice of the peace. The variation will not take effect until all of these people have signed the form.

Bail review

If the Crown doesn’t agree to the change, you may be eligible to have a bail review by a judge in the Superior Court of Justice. To find out if you can apply for bail review, ask your lawyer or duty counsel. But, duty counsel do not usually help with bail review applications.