Can I Change by Bail Conditions?
Most accused charged with criminal offences will have some sort of conditions they must comply with while they are waiting for their criminal matter to make its way through the system. The two most common forms of release are an Undertaking to a Peace Officer (a Form 10) or a Recognizance of Bail Release Order by a Judge or Justice of the Peace (Form 11). Both contain conditions the person must comply with. In both cases, conditions can be varied in certain circumstances.
What the Conditions Mean
Conditions on a release can vary from very lax to very strict. Some releases will have very few conditions, some will have many. There will always be a mandatory condition to attend court on a specific date and thereafter as directed. There will often be conditions to notify the police of any change in name or address or, sometimes, place of employment. And then there are more substantive conditions which can include, among many others:
- not to contact certain peoples (victims or witnesses, for example)
- not to go certain places (scene of the alleged crime or places where witnesses might commonly be)
- not to possess weapons
- to reside at a specific address
- to reside with a surety
There can also be exceptions to any given condition.
Unless a condition is varied, it remains in effect until the criminal matter is ultimately completed or the release is cancelled.
Varying Conditions “on consent”
The easiest way to get any condition varied is to do so with the consent of the Crown prosecutor. This does, of course, require that the Crown agree the change is reasonable or necessary. The best way to contact the Crown for a variation request is through a lawyer.
If a person is subject to an Undertaking (i.e., when released by a police officer without having gone to court), the Crown’s consent – once filed with the Court, becomes official. If the person is subject to a Recognizance (i.e., a realease by a justice), the request also requires the approval of and signature of a Judge or a Justice of the Peace. It need not be the same justice that originally ordered the release. The easiest way to navigate this process – both strategically and procedurally – is with the assistance of a criminal defence lawyer.
Varying Conditions without Crown Consent
If the Crown will not consent to the changes, there may still be other avenues available. The procedure will vary for an Undertaking and compared to a Release Order. For an Undertaking, an accused (ideally with the assistance of counsel) can bring an application to have the Undertaking with its current conditions vacated and replaced with a recognizance, with the sought changes. If the form of release was a Recognizance, the accused can bring a Bail Review to the Superior Court of Justice. The barrier to entry in this scenario is more onerous and one must show a material change in circumstances or an error in the original release.
Overview
In sum, release conditions can be varied, but not automatically so. If you are unsure whether your release allows or disallow some specific behaviour, err on the side of caution and seek legal advice. If you would like to try to amend or vary the conditions, the best way to do so and learn about your options is to contact a criminal defence lawyer for assistance.
