BAIL VARIATION FAQ
The following is an outline on the procedure for obtaining a bail variation. It should not be used as a substitute for legal advice. If you are facing a criminal charge or need help obtaining a bail variation you should consult a criminal lawyer.
Once bail is granted in court, the conditions that will apply can be found in the recognizance of bail (bail document). It is very difficult to vary a bail condition, which is why it is critical to hire an experienced lawyer at the outset to make sure all conditions that are imposed will not pose an unmanageable restraint on the freedom of the accused.
The easiest way to change a bail condition is to convince the Crown Attorney to agree to the variation.
If the Crown Attorney refuses to agree to the bail variation you are seeking, the only alternative is to file an application in Superior Court (“higher court”) asking the Superior court judge to order the variation. This process is commonly known as a Bail Review.
For example, a Crown Attorney may agree to vary a bail condition such as house arrest if the accused can demonstrate that they need to leave their house for employment purposes.
Every case is different and the supporting documentation that is required will vary from case to case.