ARTICLE · 19 JANUARY 2024

How to vary bail conditions in New South Wales?

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By filing an application with the relevant court and providing the prosecution and the court sufficient notice.

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When an accused person is charged with an offence and has their liberty restricted, a common question that arises is how to vary bail conditions.

You can vary bail conditions by filing an application with the court and providing the prosecution and the court sufficient notice.

What is a bail variation?

A bail variation is a change in the bail conditions a person is subject to. Often the original bail conditions you were placed on will become difficult to comply with or be unnecessary. Once this occurs, you can make an application for a variation of bail conditions.

Section 51 of the Bail Act 2013 (NSW) gives the court the power to vary or delete bail conditions. A court or an 'authorised justice' decides the applications. An authorised justice includes:

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