Can pre-charge bail conditions be challenged so my son can return to school ?
Notifications OFF
My first post on this forum, it won't be my last !
Still struggling after my son (under 18) was arrested last week and released on pre-charge bail. Whilst the investigation is already challenging, the situation is being made considerably worse by the fact he isn't allowed to return to school, so having to come up with a load of excuses to all our family and his friends why is isn't attending lessons. This is causing as much stress to us all as the potential charge.
Whilst I am not condoning what he has done (more stupidity/naïvety than an a deliberate act) I am really worried the effect thia situation will have on his education so would like to challenge the condition.
Would appreciate any advice on whether this is possible. He has never had any disciplinary issues in school, has always been a model student, so seems a bit excessive. Thanks all
Still struggling after my son (under 18) was arrested last week and released on pre-charge bail. Whilst the investigation is already challenging, the situation is being made considerably worse by the fact he isn't allowed to return to school, so having to come up with a load of excuses to all our family and his friends why is isn't attending lessons. This is causing as much stress to us all as the potential charge.
Whilst I am not condoning what he has done (more stupidity/naïvety than an a deliberate act) I am really worried the effect thia situation will have on his education so would like to challenge the condition.
Would appreciate any advice on whether this is possible. He has never had any disciplinary issues in school, has always been a model student, so seems a bit excessive. Thanks all
Hi there and so sorry you find yourself here.
I'm not an expert but I do know that disproportionate bail conditions can be challenged although the best time to do it is right at the beginning when they're first given out. This is one of the reasons everyone should accept the attendance of a solicitor when arrested as they would know this and challenge anything that was OTT or impossible to carry out.
I'm wondering if your son's alleged offence happened in school or concerned fellow pupils as this might have a bearing on it being the school who have requested this condition rather than just the police. I hope school came up with an alternative plan for his education and didn't just leave him high and dry? If they did then you can challenge that as his wellbeing has to be considered and especially if he's under 16. (I'm not sure about post 16 school attenders.) Apart from anything else his mental and emotional wellbeing wouldn't be best served if he had to work from home and miss out on any social interactions as these investigations can go on for ages. Plus it doesn't help with what you tell family and friends, does it? Have you spoken to the school safeguarding lead?
The police are prone to saying to just get on with living life normally whilst they investigate but those are empty words when they make it really difficult to do that.
There are some members of this forum who work in secondary schools or have teenage sons of their own in a similar position so hopefully someone will answer your questions with a bit more certainty than me but yes, you can challenge a bail condition although I don't think it's easy to get a successful outcome.
I'm not an expert but I do know that disproportionate bail conditions can be challenged although the best time to do it is right at the beginning when they're first given out. This is one of the reasons everyone should accept the attendance of a solicitor when arrested as they would know this and challenge anything that was OTT or impossible to carry out.
I'm wondering if your son's alleged offence happened in school or concerned fellow pupils as this might have a bearing on it being the school who have requested this condition rather than just the police. I hope school came up with an alternative plan for his education and didn't just leave him high and dry? If they did then you can challenge that as his wellbeing has to be considered and especially if he's under 16. (I'm not sure about post 16 school attenders.) Apart from anything else his mental and emotional wellbeing wouldn't be best served if he had to work from home and miss out on any social interactions as these investigations can go on for ages. Plus it doesn't help with what you tell family and friends, does it? Have you spoken to the school safeguarding lead?
The police are prone to saying to just get on with living life normally whilst they investigate but those are empty words when they make it really difficult to do that.
There are some members of this forum who work in secondary schools or have teenage sons of their own in a similar position so hopefully someone will answer your questions with a bit more certainty than me but yes, you can challenge a bail condition although I don't think it's easy to get a successful outcome.
Hi
When we had the knock last year it was just before my son was starting college. So not sure if schools have similar but it went through the college safeguarding and the bail conditions were amended so he could attend college.
I would say it definitely worth raising.
I hate the way they say carry on like normal. My son is no longer on bail it's just been changed to under investigation. But it's definitely having an impact on his A levels. He was straight A student getting top marks in GCSEs and totally focused but now I can tell he's not the same since the knock.
It's wrong if they deny your son his education.
When we had the knock last year it was just before my son was starting college. So not sure if schools have similar but it went through the college safeguarding and the bail conditions were amended so he could attend college.
I would say it definitely worth raising.
I hate the way they say carry on like normal. My son is no longer on bail it's just been changed to under investigation. But it's definitely having an impact on his A levels. He was straight A student getting top marks in GCSEs and totally focused but now I can tell he's not the same since the knock.
It's wrong if they deny your son his education.
Hi I'm also a mum to an under 18 (17 next week) he was arrested beginning of December for iioc from when he was 15. He's in college so bail conditions say he can still go as everyone will be over 16 just wanted to reach out if u wanted to talk my dms always open
Post deleted by user
Post deleted by user