How do I change my bail conditions?

Question Details: My next court hearing isn't for another few weeks and I would like to change my bail conditions before then. What are my options for changing my bail conditions?

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Community Law Wellington & Hutt Valley

Bail conditions can be changed but in practice this must be done by first asking the Police/Crown to agree to the changes. Who you ask will depend on whether the charge is a summary (Police) or indictable (Crown) charge.

If the Police/Crown don't agree, the only way to vary bail conditions is to ask a judge to decide the matter in court. It is important to note that certain conditions will be very difficult to change - for example if there is a condition not to contact the complainant in a domestic violence case.

Usually the best way is to ask your lawyer to do this for you.

However, you can go to the District Court and vary the conditions yourself with the court Registrar, although this may take a few days to finalise. You must also go back to court to sign your new bail bond if the changes are agreed to.

If a variation of your bail conditions is not approved, then you must still abide by your original bail conditions. If you do not, you may be arrested for breaching your bail conditions and a breach could be recorded on your conviction history. If you breach your bail conditions you also run the risk of being remanded in custody, so it is extremely important you do not do breach the conditions.

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