Can someone please explain this bail situation
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OH arrested in August for iioc. Lots of devices seized. Bail conditions stop any unsupervised access to children including his own. Also not allowed to live at home which I understand is normal.
bail was extended from November to February. Not heard anything again.
am I right that they can potentially extend again for 3 months, then again with magistrate courts approval for a further 3 months and so on?
I think this is the position until charges? And once charged, its court bail which is basically until the date of court?
am I along the right lines?
just wondering how long this pre-charge situation can go on for!
bail was extended from November to February. Not heard anything again.
am I right that they can potentially extend again for 3 months, then again with magistrate courts approval for a further 3 months and so on?
I think this is the position until charges? And once charged, its court bail which is basically until the date of court?
am I along the right lines?
just wondering how long this pre-charge situation can go on for!
After 2 extensions with permission from superior officers it has to be approved every 3 months by magistrates - but from my experience and speaking to others, at this point very often the person is 'released under investigation' (RUI) as the police don't want to have to justify to the court how long the investigation is taking (and probably other less cynical reasons!).
It defies logic as after making someone live under such restrictions as not staying overnight in a house with their own children etc., suddenly that has disappeared, although of course social services still have a say and the restrictions will probably still be expected - although not legally. If ignored or because they feel it is necessary, SS can instigate child protection procedures at this point.
Hope that helps but, whereas the police usually use a 'one size fits all' bail conditions because people don't realise that they need to challenge them right at the start (or duty solicitors should be on the ball about that but rarely seem to be), at the RUI point so much depends on specific social workers and how they interpret 'risk' which is what they go on.
It defies logic as after making someone live under such restrictions as not staying overnight in a house with their own children etc., suddenly that has disappeared, although of course social services still have a say and the restrictions will probably still be expected - although not legally. If ignored or because they feel it is necessary, SS can instigate child protection procedures at this point.
Hope that helps but, whereas the police usually use a 'one size fits all' bail conditions because people don't realise that they need to challenge them right at the start (or duty solicitors should be on the ball about that but rarely seem to be), at the RUI point so much depends on specific social workers and how they interpret 'risk' which is what they go on.
Bail seems to be indefinite when they want it to be. My ex was bailed for about 18 months (they kept extending) till forensics came back. 8 deleted images were found. It then went to CPS, with him still on bail. Its now been with CPS for over 9 months (????). He's recently been given a new bail date in March. Which would be 2.5 years of bail.
Bail was extended to 18 months for my OH, this is up on February 8th. Case has been with CPS since September. He hasn't been allowed home in all this time and it has been awful for us all, his daughter is suffering from separation anxiety and depression, we even appealed to the magistrates but never heard back. It's awful how long everything takes and the impact it has on all concerned.
That is awful for you both especially when it extends all the conditions. In our situation our son's solicitor contacted the police and said the conditions were disproportionate for his offences which were all online but the police refused to change the conditions but just before the date it would go to magistrates for an extension the police changed it to RUI. Funny that! Did the police give a reason you know of to keep extending? I know the solicitor said she could challenge it for our son if it did get to a court approval but at an extra cost which wasn't possible for us financially. I wonder if magistrates just sign away unless there's someone there to object legally and I'd love to know whether the police have to give a reason to the court for why they keep extending?
Rainy day - we haven't got a solicitor at this stage as we are still on pre charge bail and didn't want to spend any money until we had to. If they try and extend it again following the 18 months, then we will get help to appeal it and hopefully get the bail conditions dropped. They can't keep delaying things and keeping us apart like this, it's having an effect on all of our mental health.