I've been trying to research online about how long someone can be kept on pre charge bail for but I can't seem to work out if there is a limit. From what I've read police can bail for 9 months in total and then a court can bail for a further 3 months with a 12 month total, so what happens after that 12 months if they are still not ready to charge or NFA?
Can't really help with how long by my oh was on bail from start to finish which took 17.5 months
Thank you for your reply. That helps to clear the confusion.
My son was on bail for 17 months
My understanding is that each time there is a rebailing it has to be signed off by a more senior officer until after 9 months (3 lots of 3 months) it has to go to a magistrate to be extended. But within that the police can get around things if they can say that there is a need for the bail in order to keep the public safe.
The main thing we found was that it clearly states in the official documents about bail that it has to be proportionate and relevant to the alleged offences so conditions about being with under 18 year olds is probably not lawful for internet only offences but unless someone intervenes pointing that out when the person is first arrested then it gets overlooked and the police happily slap 'one size fits all' conditions which aren't directly linked to the reasons for the arrest.
To get them removed later is possible but necessitates going in front of a magistrate and probably paying a big solicitor's bill. And then if the conditions get removed you can have Children's services swooping in expecting the conditions to continue anyway (not legally enforceable now but making things tricky nevertheless).
We never understood why our person's bail conditions for internet only offences were all about contact but none about any internet use. We have concluded that the police often make it up as they go along reassured by the fact that we the public have no idea what's what and choosing whichever route is easiest for them and never mind all of us.
The main thing we found was that it clearly states in the official documents about bail that it has to be proportionate and relevant to the alleged offences so conditions about being with under 18 year olds is probably not lawful for internet only offences but unless someone intervenes pointing that out when the person is first arrested then it gets overlooked and the police happily slap 'one size fits all' conditions which aren't directly linked to the reasons for the arrest.
To get them removed later is possible but necessitates going in front of a magistrate and probably paying a big solicitor's bill. And then if the conditions get removed you can have Children's services swooping in expecting the conditions to continue anyway (not legally enforceable now but making things tricky nevertheless).
We never understood why our person's bail conditions for internet only offences were all about contact but none about any internet use. We have concluded that the police often make it up as they go along reassured by the fact that we the public have no idea what's what and choosing whichever route is easiest for them and never mind all of us.
Am I right in thinking that any custodial sentence (if given) is NOT reduced with the amount of time on pre charge bail?
No it won't be reduced as the time on pre charge bail isn't taken into consideration.
Hiya,
My OH was on bail for 9 months, recently got a text saying he doesn't need to attend the police station on 9th May as he is being released on RUI. So we're now in limbo land as no set time frame for this. I hope this helps x
My OH was on bail for 9 months, recently got a text saying he doesn't need to attend the police station on 9th May as he is being released on RUI. So we're now in limbo land as no set time frame for this. I hope this helps x
If your OH is now not on bail and RUI, do any bail conditions, ierestrictions to home life drop? For eg. If he wasn't allowed to live at home etc, will that drop?
Social services can impose conditions too, particularly if there are children in the home. That's seperate to any bail conditions and applies even if they are RUI.