You may apply for a bail variation if the need arises.
We can help you.
Any condition of your bail can be varied if the need arises. You must make a bail variation application if your circumstances change in such a way that makes it difficult or impossible to comply with a condition. For example, if you change address or if you would like to travel interstate. It is not enough to simply tell the Police your circumstances change and you not make an application to vary bail as you will be in breach of your bail conditions and may be charged with a bail offence.
If there is a surety, the person who has provided the surety must be notified of the bail variation application and may give evidence.
If you are charged by Police with a criminal offence, the police may at first instance release you on bail in your own undertaking; that is a promise that you will attend Court on the return date.
If Police oppose bail, you must be taken to Court on the next working day where you can elect to make a bail application. If you make a bail application you will either be required to demonstrate to the bail decision maker that ‘exceptional circumstances’ or ‘compelling reasons’ exist and that your remand is not justified.
Who Can Make a Bail Variation Application?
In short, an ‘interested party’ to your matter can make an bail variation application. This includes:
- You
- The Informant or
- The Director of Public Prosecutions
How is a Variation Application Made?
Applications to vary bail must be made to the Court where you are required to surrender, or in the case of a person charged with murder or treason, to the Supreme Court of Victoria. For instances, if you are bailed to appear at Melbourne Magistrates’ Court then you must make an application to vary your bail at that Court.
What Will The Magistrate Consider?
In considering your application to vary bail, the magistrate may have regard to:
- The seriousness of the charges;
- Your character, antecedents, associations and general background;
- Your compliance with previous grants of bail;
- The alleged victim’s attitude (if known) to the proposed variation to bail.
An experienced solicitor from Doogue + George Defence Lawyers can assist you in making an application to vary your bail.
Call our office on 03 9670 5111 to speak to an expert.
