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Bail extension

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EA

Member since
August 2022

122 posts

Posted Mon November 13, 2023 7:53amReport post

Has anyone else ever wondered if bail extensions are pointless?



Has anyone ever had them declined?

We've got yet another and they've put the wrong date on... sent it 5 days after the date they put and it'll still be approved.



I'm starting to believe they could write 'soz fell asleep for a year will start work today' and they'd still get it approved.

Cherry

Member since
January 2023

107 posts

Posted Mon November 13, 2023 8:54amReport post

Hi we got to our 3rd and then they had to apply to court it then got refused so has had no bail conditions since he's just had his second interview so will most likely get charges in January our knock was just before Christmas last year

Cherry

Member since
January 2023

107 posts

Posted Mon November 13, 2023 8:56amReport post

Also they kept putting on my address here but he's been living elsewhere for a year now but everytime he pulled them on it to change it they said it's changed on the system but every print out he received still had my address on.

Blue Sky

Member since
February 2023

205 posts

Posted Mon November 13, 2023 9:38amReport post

Post deleted


Edited Fri January 12, 2024 4:16pm

rainyday52

Member since
April 2023

447 posts

Posted Mon November 13, 2023 9:41amReport post

Yes, EA - although I would say that they are sometimes more unlawful than pointless!

Our son's first extension paper was sent to his former family home and opened by a family member. In itself that wasn't a problem as it was just a date but imagine if it was a charge sheet? Of course it wasn't the OICs fault, I think the inspector got the blame for signing it off without checking that it was correct first. No comment!

I'm sure that there are 'rules' for the police where they're not supposed to be late extending bail but I can't find it online - maybe someone with personal experience of this will post some info for you.

PS We were advised by a solicitor after the second extension to challenge the conditions as her advice was that they weren't proportionate or necessary with our person's specific offences and can't be a 'just in case' thing. She told us that the police would refuse to co-operate at first, which they did, but it could then go to the magistrates court where the conditions could be specifically challenged with a likelihood of success. We decided not to do this for a number of reasons but when the next extension was due the police released our person under investigation. It had reached the stage where they would need to get another extension granted by a magistrate which is far more trouble and expense for the police but it makes me wonder if the existence of a solicitor in the case now swayed it.

At his arrest and interview the duty solicitor did ask our person if there was anything about the bail conditions that he wanted challenging but of course at that stage he had no knowledge of what was what so just shook his head. I wonder how many duty solicitors explain clearly about the 'proportionate and necessary' part of bail law when they know that the investigation is online offences?

Edited Mon November 13, 2023 10:01am

rainyday52

Member since
April 2023

447 posts

Posted Mon November 13, 2023 9:59amReport post

Blue sky - your situation really shocked me when I first read your post about it as I'd no idea that was even a possibility.

Do you think that it will become more common as the backlog of investigations is growing so much and the police know that having to get a magistrate to agree to an extension (after 9 months) looks bad for them if it keeps happening so this is a new work-around? Surely they have to show that it's necessary and proportionate, like bail? I'm so sorry and can only hope for a good outcome for you xx

Blue Sky

Member since
February 2023

205 posts

Posted Mon November 13, 2023 2:15pmReport post

Post deleted


Edited Fri January 12, 2024 4:16pm