Being granted bail does not always mean the conditions remain fixed, or that bail will continue until your matter is resolved. The Bail Act 1977 (Vic) provides mechanisms for bail conditions to be varied and for bail to be revoked altogether. Understanding how these processes work is important whether you are seeking to ease onerous conditions, or whether you are concerned that your bail may be at risk.

At Angus Cameron and Partners, we regularly assist clients with bail variation applications and defend clients against applications to revoke bail. If your circumstances have changed or you are facing a revocation application, legal advice is essential.

Varying Bail Conditions

Who can apply for a variation?

A person who has been granted bail, the informant (police), or the Director of Public Prosecutions may apply to vary the conditions of bail. The Director may also apply to impose conditions on bail that was originally granted unconditionally. The application is generally made to the court in which the accused is required to surrender under their bail undertaking.

How the court decides a variation application

In determining a variation application, the decision maker must consider the surrounding circumstances and may vary the conditions if it appears reasonable to do so. The same guiding principles that apply to the original bail decision — including the overarching importance of community safety — apply to variation applications. Conditions must be no more onerous than necessary and must be reasonable having regard to the nature of the offence and the accused’s circumstances.

Notice requirements

If you have been admitted to bail with guarantors, you must give notice of a variation application to each guarantor. You must also give at least three days’ notice to the prosecution before the hearing, unless the court is satisfied that the circumstances justify a shorter period or all parties agree to waive the notice period.

Common Reasons to Seek a Variation

Variation applications arise in a wide range of circumstances. Common reasons include:

  • a curfew condition that interferes with employment or family responsibilities
  • a reporting condition that is impractical given travel or work requirements
  • a residential condition that requires the accused to live somewhere that is no longer available or appropriate
  • a geographical exclusion zone that prevents the accused from attending medical appointments, their workplace, or other necessary locations
  • a no-contact condition that needs to be modified to allow communication through lawyers or for the purposes of family court proceedings
  • a change in the accused’s personal circumstances since bail was originally granted

Revocation of Bail

Who can apply to revoke bail?

The prosecution may apply for revocation of a person’s bail if they believe that the person has committed an offence since bail was granted, is likely to commit an offence while on bail, has breached a condition of bail, or is likely to breach a condition of bail. The application is made to the court in which the accused is required to surrender under their undertaking.

On hearing a revocation application, the court may either revoke bail or dismiss the application. If bail is revoked, the accused is remanded in custody.

Arrest and cancellation of bail by police

Police may arrest a person on bail without a warrant if they have reasonable grounds to believe the person is likely to breach or has breached their bail conditions, if a guarantor notifies police that the person is likely to breach their undertaking and wishes to be relieved of their obligations, or if a guarantor has died or the security is no longer sufficient.

Where a person is arrested in this way, they must be brought before a court or bail justice promptly — generally within 24 hours. The bail justice or court may then revoke bail and remand the person in custody, or release them on the original undertaking or on a new undertaking with varied conditions.

Further Applications After Bail is Revoked or Refused

If your bail has been revoked or refused and you are in custody, you may make a further application for bail. However, a court must not hear a further application unless:

  • it is your first or second application to a court since being taken into custody; or
  • new facts or circumstances have arisen since bail was refused or revoked; or
  • you were not legally represented when bail was refused or revoked; or
  • bail was refused or revoked by a bail justice.

New facts or circumstances must be of a nature that they are relevant to bail and justify reconsideration. It is not enough to re-agitate points that were already before the court on the previous application. However, genuinely new information — including a material change in the accused’s circumstances, a development in the prosecution case, or the passage of significant time — can found a further application. A further application must be heard as a fresh hearing.

FAQs

Can I change my bail conditions if they are making it difficult to work?

Yes. If your bail conditions are interfering with your employment, you can apply to vary them. The court will consider whether a variation is reasonable in all the circumstances. It is worth obtaining legal advice before making the application to ensure it is presented effectively and supported by appropriate evidence about your work situation.

What happens if I breach a bail condition?

Breaching a bail condition is a serious matter. It gives police grounds to arrest you, and the prosecution or informant can apply to have your bail revoked. A court may revoke bail and remand you in custody if satisfied that you have or are likely to breach your conditions. Repeated or deliberate breaches are particularly significant. If you have breached a condition, you should seek legal advice promptly.

Can I apply for bail again if it is revoked?

Yes, subject to the requirements for further applications described above. If genuine new facts or circumstances have arisen since revocation — for example, a change in your personal circumstances, new evidence about the prosecution case, or the passage of significant time — a further application can be made. The application is treated as a fresh hearing.

What is the role of a bail guarantor, and what happens if I breach my conditions?

A bail guarantor is a person who undertakes to pay a specified amount if you fail to comply with your bail undertaking or conditions. Guarantors have an affirmative duty to ensure you comply with your conditions and appear before the court as required. If you breach your conditions and your guarantor’s undertaking is forfeited, the court may order them to pay the amount of the undertaking. A guarantor can also apply to be discharged from their obligations at any time, which may result in you being required to find a new guarantor or being remanded in custody.

Do I need a lawyer to apply for a variation?

For a straightforward variation — for example, adjusting a curfew time or changing a reporting location — the process is relatively simple. However, legal advice is valuable in ensuring your application is properly prepared and presented, and is particularly important if the prosecution is likely to oppose the variation or if your bail is at risk of revocation. For revocation proceedings, having an experienced lawyer is essential.

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