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Changing a previously granted bail order (varying bail)

You can apply to the supreme court to have a bail order from any court varied (changed). The procedure is the same as applying for bail, but you will need to provide information of the earlier request on your signed 'application for bail' and you will need to include extra paragraphs in your 'affidavit' stating when you were granted bail, by which court, and on what conditions.

People usually want to change a bail order because a surety has been set which they cannot meet. If a magistrate or judge sets an amount for surety that is greater than the person providing the surety for you can give, you can apply to the supreme court to have the surety removed or reduced.

The forms you must complete:

Samples of the documents you need are included in this kit.

'Application to vary bail'

Use the sample Application for variation of bail(PDF, 55KB) as a guide.

The application must list all the charges that you are remanded in custody on.

You must provide details of the existing court order (court, place and date).

'Affidavit' (in support of application to vary bail)

Use the sample Affidavit (in support of application to vary bail)(PDF, 116KB).

Your 'affidavit' needs to include the paragraphs in the 'affidavit' used in support of a bail application (see affidavit) as well as extra information about the existing conditions of bail.

You should also include the reasons why the existing conditions for bail cannot be met and what alternative arrangement you have in place.

For example: 'I have contacted all family members that live in Queensland and they have advised me that they are unable to raise the amount of the surety. I have also contacted a number of other friends who also cannot raise this amount. I do not know anyone else I can ask to provide a surety.'

You then request the court to change the conditions of bail:

'I request that this Honourable Court vary my conditions of bail by removing the requirements of a surety/reducing the amount of surety.'

'I am prepared to report to the police each weekday.'

The court may impose other conditions if a bail order is changed, such as reporting to your local police station every day.

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