Challenging the bail conditions
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Hi,
My husband was arrested around 2 months ago on suspicion of posession of IIOC (slowly learning all the acronyms!). He was arrested the day we found out we were pregnant with child number 2. We have a 4 year old daughter together.
Bail conditions set as no unsupervised contact with under-18 and not allowed to reside overnight on a premise with an under-18. Social services have reviewed and no action being taken on their side as they are happy that I am a protective factor.
I don't believe there is much evidence supporting the arrest (one deleted draft e-mail on a work computer where he noted thoughts down mentioning seeing 2 Cat A pictures - police have confirmed this is all they have). There is no evidence of abuse of my daughter or other minors. However, I appreciate there could be more to come out of the forensic inspection which will take time.
Questions
1. Can we challenge the bail conditions to allowed overnight stay or even unsupervised contact?
2. If yes, how do we do this?
3. If they do change the bail conditions, so social services need to do another assessment? Will they view this badly as it looks like I am not protective enough?
I find it such a weird system that you are innoncent until proven guilty, but I have to act like he is guilty, and apparently guilty of something very very serious (i.e. abusing my daughter) for up to several years. How is this in her best interests?
Thank you.
My husband was arrested around 2 months ago on suspicion of posession of IIOC (slowly learning all the acronyms!). He was arrested the day we found out we were pregnant with child number 2. We have a 4 year old daughter together.
Bail conditions set as no unsupervised contact with under-18 and not allowed to reside overnight on a premise with an under-18. Social services have reviewed and no action being taken on their side as they are happy that I am a protective factor.
I don't believe there is much evidence supporting the arrest (one deleted draft e-mail on a work computer where he noted thoughts down mentioning seeing 2 Cat A pictures - police have confirmed this is all they have). There is no evidence of abuse of my daughter or other minors. However, I appreciate there could be more to come out of the forensic inspection which will take time.
Questions
1. Can we challenge the bail conditions to allowed overnight stay or even unsupervised contact?
2. If yes, how do we do this?
3. If they do change the bail conditions, so social services need to do another assessment? Will they view this badly as it looks like I am not protective enough?
I find it such a weird system that you are innoncent until proven guilty, but I have to act like he is guilty, and apparently guilty of something very very serious (i.e. abusing my daughter) for up to several years. How is this in her best interests?
Thank you.
You can challenge bail conditions by sending an email to the custody officer who bailed him, setting out your reasons.
If that doesn't work, get your solicitor to request a bail hearing at the magistrates court.
If that doesn't work, get your solicitor to request a bail hearing at the magistrates court.