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.