If you are currently on bail for a criminal matter in Queensland and are considering a bail variation in Queensland, you will have signed a bail undertaking. This is a legal document that sets out the conditions you must follow while your case is before the court.
Sometimes circumstances change, and it becomes difficult to comply with your bail conditions. You may have moved house, changed jobs, or developed new personal obligations that affect your ability to meet your current requirements.
If this happens, you may be able to apply for a bail variation in Queensland.
This article explains how bail variations work in Queensland, when police can approve changes, when you need to apply to the court, and what to expect from the process.
What Is a Bail Undertaking?
When you are granted bail in Queensland, you must sign a bail undertaking. This is a formal agreement that allows you to remain in the community while your case is before the courts, provided you comply with specific conditions.
Failing to comply with those conditions can result in serious consequences, including being charged with a further offence.
Common Bail Conditions in Queensland
Common bail conditions may include:
- Living at an address approved by police
- Reporting to a police station on certain days and times
- Not contacting or approaching certain people
- Avoiding specific locations
- Complying with a curfew
The exact conditions imposed will depend on factors such as the seriousness of the alleged offence, your personal circumstances, and the level of risk the court considers you pose.
A court can impose stricter or more relaxed bail conditions as it considers appropriate.
Can the Police Vary My Bail Conditions?
In some cases, the Queensland Police Service has limited power to vary bail conditions. This authority usually rests with the officer-in-charge of the police station where your charges originated.
Police may approve changes to minor bail conditions, such as:
- Reporting days or times
- Curfew hours
- Your residential address (if approved in writing)
For example, a bail condition might state:
“You must reside at [insert address] unless the Officer in Charge of Police at [insert location] Station approves in writing any alternative place of residence.”
Because police powers to vary bail are limited, it is important to obtain legal advice before making a request. A criminal defence lawyer can liaise with police on your behalf and ensure any approval is properly documented.
When Do I Need to Apply to the Court for a Bail Variation?
If police do not have authority to approve the change you need, or if they refuse your request, you will need to apply to the Magistrates Court (or the Supreme Court, if you are on Supreme Court bail) to vary your bail conditions.
How to Apply for a Bail Variation in Queensland
To apply for a bail variation, you must:
- File an application for variation of bail in the appropriate court registry
- Prepare a supporting affidavit explaining your request
- Serve copies of the documents on the Police Prosecution Corps or the Office of the Director of Public Prosecutions (ODPP), depending on who is prosecuting the matter
Your affidavit should clearly explain:
- Which bail condition(s) you want to change
- Why you are requesting the variation
- Any evidence supporting your application
Once filed, the court will list the matter for a hearing, and a Magistrate will decide whether to grant the variation.
What Will the Court Consider?
When deciding whether to approve a bail variation, the court’s primary concern is whether the change increases the risk that you might:
- Fail to appear in court
- Commit further offences
- Interfere with witnesses
- Obstruct the course of justice
The court will also consider:
- The seriousness of the alleged offence
- Your criminal history (if any)
- Your personal circumstances
- Whether the proposed variation still adequately addresses the identified risks
What Happens If I Breach My Bail Conditions?
Breaching bail is a serious criminal offence in Queensland.
If you fail to comply with your bail conditions, you may:
- Be charged with a further offence for breaching bail; and
- Have your bail revoked, resulting in you being remanded in custody
If you believe you may not be able to comply with your bail conditions, you should seek legal advice immediately. Acting early can help you avoid being charged with a breach of bail.
How Can a Criminal Lawyer Help With a Bail Variation?
An experienced criminal defence lawyer can assist by:
- Liaising with police about proposed bail changes
- Preparing and filing court documents
- Drafting affidavits and gathering supporting evidence
- Representing you at your bail variation hearing
Our firm regularly assists clients with bail variation applications in Queensland, including changes to reporting requirements, curfews, and residential addresses.
Contact Our Queensland Criminal Defence Team
If you or someone you know needs to change bail conditions in Queensland, contact our office to speak with an experienced criminal defence lawyer in Brisbane or the Gold Coast.
Our criminal defence lawyers regularly assist clients with bail variation applications in Queensland, including requests to change reporting requirements, curfews, or residential addresses. We can assess your situation, advise whether police or the court can approve the change, and guide you through the application process.
If you need help, contact us at:
Brisbane Office
📞 (07) 3221 4999
Gold Coast Office
📞 (07) 5532 3133
Lismore Office
📞 (02) 6616 2101
After Hours
📞0488 999 980