Bail conditions
Author
Discussion

Bluemondy

Original Poster:

399 posts

103 months

Thursday 27th July 2023
quotequote all
Please forgive my ignorance of our arrest, bail and court proceedings.

So some months ago, my son-in-law had plod attend the house asking to question him
over something... nothing really seemed to come of it.

Fast forward to April, and he's actually arrested at his work, apparently on accusation of rape.

My daughter and him split up (not because of that, although it didn't help). Anyways tonight
detective plods turn up at my daughters place and tell her that his "bail condition means he should not have unsupervised access to their child". (She was unaware of this condition until tonight)

My questions are :-

Is bail normal after being arrested or is only after being charged?, If charged who would have charged him?
I thought the CPS only made charging decisions?

So if he's been charged with it, would the unsupervised element be a standard condition, or is there more to worry about here?

I appreciate any comments from those who know, because I don't!

(This is a follow up to a thread I posted ages ago, but I can't find it)

ingenieur

4,643 posts

203 months

Thursday 27th July 2023
quotequote all
I think bail conditions can be almost anything (within reason). You are released on bail awaiting charges. The CPS will make the decision on whether or not to charge and what that charge will be.

You could talk to a legal professional in the relevant field for more accurate advice but I'm assuming if there is a likelihood of a charge for a sexual offence which could have the offender added to the sex crimes register then bail conditions will say the suspect may not fraternise with vulnerable persons (i.e. children).

These conditions are temporary until the charges are brought and then the defendant will stand trial. If innocent then all conditions dissolve, if guilty... prison.

For more serious cases or if it suits the authorities you can be refused bail for a crime such as rape. In which case you will be detained until trial.

So the fact he has been released from custody is - relatively speaking - a good sign. Until the whole truth of the matter is unfolded into the sunlight it is probably better not to speculate or to develop any negative feelings over and above what you have good cause to harbour. Plenty of people are entirely exonerated of any criminal wrongdoing post trial so it is important not to rush to judgement until the end of the process.

Shaw Tarse

31,834 posts

225 months

Thursday 27th July 2023
quotequote all
Bluemondy said:
Please forgive my ignorance of our arrest, bail and court proceedings.

So some months ago, my son-in-law had plod attend the house asking to question him
over something... nothing really seemed to come of it.

Fast forward to April, and he's actually arrested at his work, apparently on accusation of rape.

My daughter and him split up (not because of that, although it didn't help). Anyways tonight
detective plods turn up at my daughters place and tell her that his "bail condition means he should not have unsupervised access to their child". (She was unaware of this condition until tonight)

My questions are :-

Is bail normal after being arrested or is only after being charged?, If charged who would have charged him?
I thought the CPS only made charging decisions?

So if he's been charged with it, would the unsupervised element be a standard condition, or is there more to worry about here?

I appreciate any comments from those who know, because I don't!

(This is a follow up to a thread I posted ages ago, but I can't find it)
This thread? https://www.pistonheads.com/gassing/topic.asp?h=0&...

Bluemondy

Original Poster:

399 posts

103 months

Thursday 27th July 2023
quotequote all
Shaw Tarse said:
Bluemondy said:
Please forgive my ignorance of our arrest, bail and court proceedings.

So some months ago, my son-in-law had plod attend the house asking to question him
over something... nothing really seemed to come of it.

Fast forward to April, and he's actually arrested at his work, apparently on accusation of rape.

My daughter and him split up (not because of that, although it didn't help). Anyways tonight
detective plods turn up at my daughters place and tell her that his "bail condition means he should not have unsupervised access to their child". (She was unaware of this condition until tonight)

My questions are :-

Is bail normal after being arrested or is only after being charged?, If charged who would have charged him?
I thought the CPS only made charging decisions?

So if he's been charged with it, would the unsupervised element be a standard condition, or is there more to worry about here?

I appreciate any comments from those who know, because I don't!

(This is a follow up to a thread I posted ages ago, but I can't find it)
This thread? https://www.pistonheads.com/gassing/topic.asp?h=0&...
Thanks Shaw smile I've not yet mastered the search function!

Bluemondy

Original Poster:

399 posts

103 months

Thursday 27th July 2023
quotequote all
ingenieur said:
I think bail conditions can be almost anything (within reason). You are released on bail awaiting charges. The CPS will make the decision on whether or not to charge and what that charge will be.

You could talk to a legal professional in the relevant field for more accurate advice but I'm assuming if there is a likelihood of a charge for a sexual offence which could have the offender added to the sex crimes register then bail conditions will say the suspect may not fraternise with vulnerable persons (i.e. children).

These conditions are temporary until the charges are brought and then the defendant will stand trial. If innocent then all conditions dissolve, if guilty... prison.

For more serious cases or if it suits the authorities you can be refused bail for a crime such as rape. In which case you will be detained until trial.

So the fact he has been released from custody is - relatively speaking - a good sign. Until the whole truth of the matter is unfolded into the sunlight it is probably better not to speculate or to develop any negative feelings over and above what you have good cause to harbour. Plenty of people are entirely exonerated of any criminal wrongdoing post trial so it is important not to rush to judgement until the end of the process.
Thank you smile That's greatly appreciated.

SteveScooby

830 posts

199 months

Thursday 27th July 2023
quotequote all
Bail (and associated conditions) can be given both pre and post charge.

They are used to reduce risk, amongst other things, of further offending. To have the “no supervised contact” condition suggests a suspicion that he is a risk to a child/children.

Charging decisions can be made by police or CPS depending on the severity of the allegation. Simplistically, offences suitable for magistrates (summary) consideration generally is a police decision, unless domestic/hate related.

LosingGrip

8,627 posts

181 months

Thursday 27th July 2023
quotequote all
OP it may be worth getting your daughter to do a Clares Law and Sarah's Law disclosure.

https://www.gov.uk/government/publications/domesti...

https://www.gov.uk/guidance/find-out-if-a-person-h...

As others have said, bail conditions can be before or after charge.

Bluemondy

Original Poster:

399 posts

103 months

Thursday 27th July 2023
quotequote all
LosingGrip said:
OP it may be worth getting your daughter to do a Clares Law and Sarah's Law disclosure.

https://www.gov.uk/government/publications/domesti...

https://www.gov.uk/guidance/find-out-if-a-person-h...

As others have said, bail conditions can be before or after charge.
Brilliant links. Greatly appreciated and sent over to her.