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ARTICLE · 05 AUGUST 2022

Everything you need to know about bail variations

In certain circumstances, an accused person can apply for a bail variation to change their bail conditions.

AustraliaCriminal Law

Bail variation by an application

What is a bail variation?

Sometimes people's circumstances change, and bail conditions become difficult, impossible or unnecessary. In these cases, an accused person can apply for a bail variation to change their bail conditions.

Section 51 of the Bail Act 2013 (NSW) ('the Act') allows courts to vary or delete bail conditions. A court or an 'authorised justice' decides the applications. Part 6 of the Act specifies who has the power to decide certain kinds of applications. Depending on what court you make application to, an authorised justice could be:

  • A registrar of the Local Court;
  • A registrar of the Children's Court;
  • An officer who the Minister declared to be an authorised justice by ; or

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