Amending a condition on your Magistrates Court Bail
In some cases, unforeseen circumstances may arise, personal circumstances may change, or you may believe that the conditions are unreasonable or unfair. Whatever the reason, it's important to know that it's possible to request a change in bail conditions.
One reason for requesting a change in bail conditions is a change in personal circumstances. For example, you may have secured new employment, moved to a new location, or experienced a change in health status. These changes can significantly impact a person's ability to comply with bail conditions and may require a review of the conditions imposed.
Unforeseen circumstances can also arise, such as a family emergency or a medical issue, which can make it challenging for the accused to comply with your current bail conditions. In such cases, a request to alter the conditions may be necessary to accommodate these unforeseen circumstances.
The procedure for changing bail can be likened to following a recipe. Just as a recipe outlines a step-by-step procedure for creating a delicious meal, requesting a change in bail conditions involves a series of steps that must be followed correctly. Failure to follow the procedure correctly can result in the request being denied, which can be frustrating and time-consuming.
Below is a step-by-step guide on how to request a change in bail conditions, just like following a recipe, to help you achieve the desired outcome. With this guide, you'll be able to navigate the process with ease and increase your chances of success.
Step 1 – Preparation
Just like chopping onions, peeling carrots and pre-heating the oven, an application to change a bail condition requires some preparation and getting all the ingredients and information:
- Your name
- Your date of birth
- the police “QP9” number, which is on the police materials.
- The condition of bail you want to amend.
- A copy of your bail undertaking.
- The court your matters in (and the court you can apply to for the change in bail conditions).
- Your next court date.
Step 2 – Who can agree to the change?
Look at the condition of the bail undertaking you want to change, often the bail condition will state who can vary that condition, it might be the officer in charge of the police prosecutions or police station you report at.
If that is the case, the first place to try and change the bail is with them, not the court. If, for whatever reason they do not agree to the change then you might make the application to the court.
Sometimes a bail condition can only be varied by the court, the process is a little different and you should speak to a lawyer first.
Step 3 – Plan your approach and reasons.
Next, we will prepare our reasons arguments why the bail condition should be changed without causing the police, prosecution, or court concern about the reduced or amended conditions. Think about the below points and write out your answers.
- Know why you want to change the bail condition.
- Think about why the condition was imposed in the first place.
- Consider how and why the proposed amendment does not impact the reason was imposed to begin with or in the case of watchhouse bail, why the condition was unnecessary to begin with.
Step 4 – Putting it all together.
You know which condition you want to change, what you want to change the condition to, who has the power to change it and where you need to send. Now we tie it all together in a request to vary a bail condition.
Below is an example of a request to varying a bail condition and a template letter to work from.
Facts:
Mr Smith has been charged with a break and enter, and an assault occasioning bodily harm. The Watchhouse release Mr Smith on bail to attend the Caboolture courthouse on 20 March 2023 at 8:30am. The bail undertaking has the following condition:
“(3) You are to reside at 24 Jones Avenue, Caboolture, unless otherwise agreed in writing by the officer in charge of the Caboolture police station.”
Mr Smith got a job on the south side and is looking to relocate to a different house closer to work. He has found a new house at 14A Lavender Road Inala with his sister Mary. Mr Smith found a copy of his bail undertaking and the police facts which have the QP9 number (this is found in the top right-hand corner of the first page of the police materials, it is a number that starts with “QP”
The watchhouse put the residential condition on Mr Smith’s bail so they know where is because these are serious charges and Mr Smith has older offences for failing to appear.
The request to amend – Example letter:
Dear Officer-In-Charge,
my name is Peter Smith, my date of birth is 12 February 1983. My charges are next before the Caboolture Magistrates Court on 20th of March 2023.
I note the residential condition on my bail can be changed by consent of the officer in charge of the Caboolture police station.
I wish to amend my bail condition as follows:
From: 24 Jones Avenue, Caboolture
To: 14A Lavender Road Inala.
I want to change my bail and address as I have found work in Inala, and I would like to move closer to where I work.
Thank you for considering the above, if you require any further information, please do not hesitate to contact me.
Kind regards,
Mr Smith.
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A “think sheet” and draft letter can be downloaded here to assist you with preparing for the arguments to amend your bail condition.
If the decision-maker listed in your bail undertaking will not agree to your proposed amendments, you can seek the court hear your arguments. There are rules and procedure about court practices and applying for bail such as making sure the prosecution has at least two clear business days’ notice of your intention to apply to the court and in some instances the court may want a particular date and time set to hear your argument.
The obligatory disclaimer – Where we tell you what you already should know, this is not legal advice.
Here at Murray Torcetti Lawyers, we love nothing more than helping our clients navigate the legal system. But let's get one thing straight: this post is not legal advice.
So while we'll do our best to provide accurate information on how to amend a bail condition, please don't take anything we say as gospel. We're lawyers, not clairvoyants.
In all seriousness, if you're facing a legal issue, we highly recommend seeking the advice of a qualified solicitor. They'll be able to give you the personalized guidance you need to navigate the complexities of the legal system. And who knows, they might even have a better sense of humour than we do (though we find that hard to believe).
If you need help, give us a call – 07 5495 4209.
