Changing your bail conditions
If you want to change your bail conditions, you can get legal advice.
Can I change the conditions of my bail?
Yes. If you can’t follow the conditions of your bail, it is important that you ask the police or the court to change them. If you break the conditions (even just once) before they are changed, you could be arrested and fined or sent to prison.
Yes. You can apply to have the conditions of your bail changed if you need to. For example:
- If your shifts have changed at work and you need to work past your curfew, you can ask to have your curfew changed.
- If your shifts have changed at work and you need to work past your reporting hours, you can ask to have your reporting hours changed.
- If you’ve been told you need to live at a certain address, but you have to move house, you can ask to have the address changed.
- If you’ve been told to report to a particular police station but you need to move house and won’t be able to get to that station easily anymore, you can ask to report to a different police station instead.
How to change the rules or “conditions” of your bail
If you have a lawyer, you should talk to them first. They will help you apply to change your conditions. If you do not have a lawyer, do the following steps:
- Think about getting legal advice: If you need the change to be made quickly, get legal advice straight away so that you don’t break your bail conditions.
- Contact the police: Depending on your case, the police might be able to change your conditions. You can visit the Police website or contact the Police Prosecutor to find out more information.
- Or contact the court registry: If the police can’t help you then contact your local court registry. You can find the details of the registry for your local court here. They will help you to apply. You might need to fill in a form but ask the registry exactly what you need to do. The court registry can’t give you legal advice but can help with any general questions that you may have about the process. You can find out more here.
Go to court and tell the judge or magistrate why you want to change your conditions: It depends on the type of crime you have been charged with, but you will probably have to go to court to get your conditions changed. Be prepared to tell the judge or magistrate why you want to change your conditions and show any evidence you have to back this up. Call the court registry to organise for your matter to be listed before a judge or magistrate to have your conditions changed.
What happens if I don’t change the rules or conditions of my bail?
If you don’t change your bail conditions and you break or “breach” your conditions, you could be arrested and fined or sent to prison.
You must follow all the conditions you have been given until they have been changed. This means, for example, that if your boss asks you to work past your curfew, you can’t do it until the court has agreed to change your curfew.