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We have just been notified that the police are asking the magistrates to extend my OH's bail to 18 months. This has really upset me today, we're already 9 months into this horrendous journey and the thought of another 9 months makes me so incredibly sad and deflated.
The extension has been requested because the police are still investigating and the last device is still to be looked at. They have said once that is done, they will be sending everything to the quality control team (not sure what they do) then finally to CPS - estimated by October.
Our solicitor has said we can appeal and send a form in response to this, but that in their experience, the magistrates usually allow the requested extension. I'm wondering if anyone has managed to get bail conditions changed at this point?
Any positive stories would be great to hear at this point, as I am feeling quite down now.
The extension has been requested because the police are still investigating and the last device is still to be looked at. They have said once that is done, they will be sending everything to the quality control team (not sure what they do) then finally to CPS - estimated by October.
Our solicitor has said we can appeal and send a form in response to this, but that in their experience, the magistrates usually allow the requested extension. I'm wondering if anyone has managed to get bail conditions changed at this point?
Any positive stories would be great to hear at this point, as I am feeling quite down now.
I'm so sorry this has happened as many of us will testify that when it gets to this point our 'people' are changed to RUI rather than the rigmarole of magistrates as this shows up the length of time the police are taking. Saying its because there are still unknowns which might show your person is a danger to the public without bail conditions doesn't ring true with me as it was like that for our son and in fact SS still expected us to always supervise and refused to allow him to sleep in our house where he was living when his children came to stay even though he was now RUI. The only benefit was that now we knew he couldn't be re-arrested if he broke a bail condition (which he wouldn't do anyway) but as for more freedom to see his children unsupervised or overnight that hasn't happened.
The only positive thing I can say is that with RUI it can feel as if the case has been forgotten and stretch the waiting time endlessly (for us it's over 2 years and not gone anywhere yet) so fingers crossed it will keep your case at the top of the backlog pile of cases.
Re the solicitor, our son's just wrote to the police when bail was coming up for renewal statiing the conditions were disproportionate and in breach of his right to a family life but the police just said the equivalent of 'tough' so next step would have been as your solicitor has suggested, taking it to the magistrates court. Could your person's solicitor write a strong letter directly to the police before the date bail needs renewing? There is always a chance your police will back down. As ours didn't and also as we suspected SS would have an opinion if the conditions were dropped by the police (and as it would come at a financial cost too with no guarantee it would be successful) our son just decided to stick with bail - and then it was dropped to RUI anyway. We will never know if that was actually because the solicitor had intervened but the police certainly weren't going to back down then and the change came a few weeks later.
The only positive thing I can say is that with RUI it can feel as if the case has been forgotten and stretch the waiting time endlessly (for us it's over 2 years and not gone anywhere yet) so fingers crossed it will keep your case at the top of the backlog pile of cases.
Re the solicitor, our son's just wrote to the police when bail was coming up for renewal statiing the conditions were disproportionate and in breach of his right to a family life but the police just said the equivalent of 'tough' so next step would have been as your solicitor has suggested, taking it to the magistrates court. Could your person's solicitor write a strong letter directly to the police before the date bail needs renewing? There is always a chance your police will back down. As ours didn't and also as we suspected SS would have an opinion if the conditions were dropped by the police (and as it would come at a financial cost too with no guarantee it would be successful) our son just decided to stick with bail - and then it was dropped to RUI anyway. We will never know if that was actually because the solicitor had intervened but the police certainly weren't going to back down then and the change came a few weeks later.
Thanks for your reply Rainyday, it helps to read that others have been in this infuriating position!
I think we are going to fill out the magistrates form anyway - it might not do anything, but at least we have tried. I'm also going to send them a change to bail request form too, to see if our current conditions could be eased. This would make our lives a bit easier while we wait - again it might not happen, but you don't get anything unless you ask.
I feel a bit better today than I did yesterday, think the sunshine helps! And hearing from others living this nightmare!
I think we are going to fill out the magistrates form anyway - it might not do anything, but at least we have tried. I'm also going to send them a change to bail request form too, to see if our current conditions could be eased. This would make our lives a bit easier while we wait - again it might not happen, but you don't get anything unless you ask.
I feel a bit better today than I did yesterday, think the sunshine helps! And hearing from others living this nightmare!
Our solicitor requested a bail review in magistrates (by a judge) and bail conditions were changed by the judge. This was in person Feel free to message if you wanted more info.
Now bail dropped and RUI
Now bail dropped and RUI
My OH was out on bail for about six months and then because he still hasn't had his devices checked they changed it to pending further investigation which in a way was probably slightly better because it meant there weren't as many restrictions but saying that 14 months down the line we are still waiting for the devices to be checked and for my OH to be re-interviewed or officially charged
My person is about to be sentenced on Monday. Its over 3 years since the knock. I'm sorry.