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How Do I Change My Bail or Police Undertaking Conditions?
Bail is a court order allowing you to remain in the community while your case is before the criminal courts. A police undertaking is another type of release from custody. Both types of release can have conditions that you must follow. You can ask to change the conditions of your bail or police undertaking by applying for a consent variation. Note: Changing your conditions is not a right. The court may not agree to your request.
How Can I Apply For A Consent Variation?
You or your lawyer can contact the Crown Prosecutor to ask if they will agree to the changes you want to make. If the Crown agrees, you and your surety can fill out the Application for Consent Bail Variation form and email it to the Crown. The Crown will fill in their part and send the form to the court. The court decides if the changes should be approved. Note: You must follow your original bail conditions until the court emails you an approved form..
Applying for a Consent Variation Step-by-Step
Step 1: Gather Your Supporting Documents
You will increase your chances of having your request approved if you have documents that show the Crown why you need your conditions changed. For example, you may want to change a condition that says you must remain in your home between sunset and sunrise to take a job that requires you to work from 3 PM to midnight. If you want to take this job, ask the employer to give you a letter on company letterhead that describes the job and work hours.
Step 2: Obtain the Crown Prosecutor's Approval
Changing your conditions is not a right. The Crown must agree with your request before it is presented to a judge. You will have to explain to the Crown why the conditions of your bail or police undertaking should be changed. The Crown will consider: a) The offence you've been charged with; b) the conditions you're asking to change; c) the reason(s) for the change; d) potential safety concerns for the complainant or community; e) how well you've followed the conditions of your bail so far.
Step 3: Obtain a Bail Variation Form
Bail Variation forms are available at the Crown's office in the courthouse.
Step 4: Complete the Bail Variation Form
To complete the form, you will need to provide information from your original bail or police undertaking. It's wise to attach a copy of your original bail to the Bail Variation form.
Step 5: Get a Lawyer to Sign the Completed Bail Variation Form
You must sign the form in front of a witness who is a lawyer. If you don't have a lawyer, duty counsel at the courthouse can witness the form.
Step 6: Obtain the Crown Prosecutor's Signature
The Crown Prosecutor who agreed to the variation must sign the Bail Variation Form.
.Step 7: Take the Signed and Approved Bail Variation Form to the Court
Once you have the Crown's signature, go to the office of the Justice Of The Peace in the courthouse. Any sureties that you have must also come with you.
Step 8: You will be examined by the Justice of the Peace
The justice of the peace will talk to you to make sure that you understand your updated bail conditions including: a) what has been changed since the original bail conditions were set; b) what has not been changed and still applies.
Step 9: The Justice of the Peace Will Render A Decision
If the justice of the peace does not agree to change your conditions through a consent variation, they will order a hearing to be held in the Ontario Court of Justice. At the hearing, you will have the opportunity to provide information that shows why your conditions should be changed.
Note: Even if the Crown has agreed to your Bail Variation, the justice of the peace may refuse to change your bail conditions. If this happens, you may be eligible to ask to have your conditions changed through a Bail Review.
.Optimise Your Bail Variation Outcome
Hiring an experienced bail lawyer to assist you may improve your chances of obtaining a successful Bail Variation. Bail Variation applications must be clear, concise and accurate. One wrong answer during interactions with the Crown and/or the Justice of the Peace can often make the difference between success and failure.
Speak to a lawyer for FREE right now. Call (416) 400-6668 24/7.
You Got Bail Problems? We Got Bail Solutions!
Check out a sample of our recent cases:
Case: R. v. O.A.*
Charges: While out on an earlier release order, O.A. was charged with:
1) Fail to Comply with a Release Order
2) Dangerous Operation
3) Failure to Provide a Breath Sample
4) Utter Threats (2 counts)
5) Criminal Harassment
6) Failure to Comply
7) Dangerous Operation of a Motor Vehicle
8) Race Motor Vehicle
9) Failure to Stop for Police.
Result: Released on Bail
Case: R. v. K.I.*
Charges: Conspiracy to commit an indictable offence, where the indictable offences include:
1) Robbery with a Firearm
2) Disguise with Intent
3) Point Firearm
4) Threaten Death
5) Possession of a Weapon
6) Possession of Property Obtained by Crime
7) Unauthorized Possession of Firearm
8) Possession of a Prohibited Firearm with Ammunition
9) Possess Firearm Obtained By Crime
10) Careless use of a firearm
11) Possession of Property Obtained by Crime
Result: Released on Bail
Case: R. v. F.J.*
1) Impaired Driving
2) Eight (8) Counts of Possession of Controlled Substance for the Purpose of Trafficking
3) Two (2) Counts of Possession of Proceeds of Crime
4) Failure to Comply with a Release Order for an earlier Impaired Driving Charge
Story: F.J. was facing charges of DUI and failure to comply with a release order made in relation to multiple counts of trafficking drugs (8) and possessions of proceeds of crime (2) and failure to comply with an earlier release order made when F.J. was charged with impaired driving.
Result: After a Bail Review, our lawyer secured F.J.’s release from custody!
* Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.
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