How long can you be on bail?
How long can you be on bail?
Author
Discussion

Steviesam

Original Poster:

1,424 posts

165 months

Wednesday 11th February 2015
quotequote all
I was wondering if there is any maximum you can be held on bail?

I know you wont believe me lol, but it really is a freind of mine.

Arrested on a money laundering charge (minor involvement, but the "real crims" apparently are the "kingpins" who used him and he was unaware of what they were doing.

Anyhow, that was coming up 2 years ago and they just keep re-bailing him every 2/4 weeks. Undertsandably, its getting him down, and while he is fairly confident that IF he is taken to court he can prove his innocence, its still putting the rest of his life on hold.

Any ideas?


Eclassy

1,201 posts

153 months

Wednesday 11th February 2015
quotequote all
Currently for as long as they want.

There are calls for it to be limited to 28 days. I think 6 months should be the maximum.

Thurbs

2,782 posts

253 months

Wednesday 11th February 2015
quotequote all
There was a great documentary on R4 about this. The police arrested one a suspect, seazed his assets and kept him on bail for 4 years. Effectively meant his live was completely on hold for the whole time.

Some articles for you:

http://www.dailymail.co.uk/news/article-2332119/57...
http://www.theguardian.com/commentisfree/2013/may/...

Good luck (to your friend wink).

Mk3Spitfire

2,921 posts

159 months

Wednesday 11th February 2015
quotequote all
It's nothing to do with "as long as they want". It's as long as is required. Bails and re-bails are closely scrutinised by the bosses and the OIC will be questioned if suspect is being constantly re-bailed with nothing being done. They have to be re-bailed for a reason.
2 years does sound like a long time. Your friend could try contacting the OIC though to see if they can give any indication.
I imagine there are a lot of protracted enquiries for that offence, which will be part of the reason it's taking so long.

agtlaw

7,417 posts

237 months

Wednesday 11th February 2015
quotequote all
Steviesam said:
I was wondering if there is any maximum you can be held on bail?

I know you wont believe me lol, but it really is a frind of mine.

Arrested on a money laundering charge (minor involvement, but the "real crims" apparently are the "kingpins" who used him and he was unaware of what they were doing.

Anyhow, that was coming up 2 years ago and they just keep re-bailing him every 2/4 weeks. Undertsandably, its getting him down, and while he is fairly confident that IF he is taken to court he can prove his innocence, its still putting the rest of his life on hold.

Any ideas?
Pre-charge police bail? No. However, a consultation paper was published December 2015 and things may eventually change.

In this country, a defendant is generally not required to "prove his innocence".

Baryonyx

18,293 posts

190 months

Wednesday 11th February 2015
quotequote all
Steviesam said:
Any ideas?
Next time he goes in, he needs to ask how much time is left on his custody clock. Though I expect his bail is carefully managed, so each rebail is as quick as possible. Five minutes in and out, sort of thing, to keep time on the clock if they need to conduct further interviews or whatever. Although, if the time runs out, he can no longer be bailed but he would probably be reported, so not off the hook, as it were.

Slomo_uk

150 posts

256 months

Wednesday 11th February 2015
quotequote all
define custody clock please?

Mopar440

410 posts

143 months

Wednesday 11th February 2015
quotequote all
Steviesam said:
I know you wont believe me lol, but it really is a freind of mine.
As you were so obviously nervous about typing such a lie that you stumbled and misspelt "friend", we know that it is really you!



soad

34,724 posts

207 months

Wednesday 11th February 2015
quotequote all
Mopar440 said:
Steviesam said:
I know you wont believe me lol, but it really is a freind of mine.
As you were so obviously nervous about typing such a lie that you stumbled and misspelt "friend", we know that it is really you!
Easy mistake to make... whistle

ED209

6,027 posts

275 months

Wednesday 11th February 2015
quotequote all
Slomo_uk said:
define custody clock please?
24hrs beginning at the relevant time

Greendubber

15,368 posts

234 months

Wednesday 11th February 2015
quotequote all
Eclassy said:
Currently for as long as they want.

There are calls for it to be limited to 28 days. I think 6 months should be the maximum.
6 months isn't long enough for a lot of investigations such as the forensic examination of a computer for example.


ookware

54 posts

202 months

Wednesday 11th February 2015
quotequote all
Slomo_uk said:
define custody clock please?
You can only be kept in police custody so long before the police have to release you, generally 24 hours (see the TV show, 24 hours in police custody).

Time spent after arrest waiting at the station counts, including returning on bail. Time spent between attendances isn't counted (e.g if bailed for 2 weeks that is not 2 weeks added to your clock). So imagine you spend 6 hours in custody, bail, then spend another 6 hours you have used 12 hours of your clock.

Your friend should ask how much time is left on his clock, and his solicitor should be keeping an eye on this.

That said they can ask for it to be extended and there are a lot of circumstances this could be done under. Again best for solicitor to do monitor and advise on this.

Also of note if you're arrested and subsequently go to hospital the time spent at hospital doesn't count, so don't try to avoid it claiming illness wink

Eclassy

1,201 posts

153 months

Wednesday 11th February 2015
quotequote all
Greendubber said:
6 months isn't long enough for a lot of investigations such as the forensic examination of a computer for example.
So you think it is appropriate that people are kept on bail for however long it takes the police to carry out investigatons.

How about your bosses commit resources to areas such as forensic investigations instead if pissing £10M away guarding an embassy in London or 70 officers preventing protesters from accessing a small piece of land outside Parliament Square.


Edited by Eclassy on Wednesday 11th February 19:23

ED209

6,027 posts

275 months

Wednesday 11th February 2015
quotequote all
Greendubber said:
Eclassy said:
Currently for as long as they want.

There are calls for it to be limited to 28 days. I think 6 months should be the maximum.
6 months isn't long enough for a lot of investigations such as the forensic examination of a computer for example.
It is ample long enough providing the proper resources were there to do the examination. However the resources don't exist, workload for teams that do this has gone up whilst the numbers have gone down.

stuart313

740 posts

144 months

Wednesday 11th February 2015
quotequote all
ookware said:
Slomo_uk said:
define custody clock please?
You can only be kept in police custody so long before the police have to release you, generally 24 hours (see the TV show, 24 hours in police custody).

Time spent after arrest waiting at the station counts, including returning on bail. Time spent between attendances isn't counted (e.g if bailed for 2 weeks that is not 2 weeks added to your clock). So imagine you spend 6 hours in custody, bail, then spend another 6 hours you have used 12 hours of your clock.

Your friend should ask how much time is left on his clock, and his solicitor should be keeping an eye on this.

That said they can ask for it to be extended and there are a lot of circumstances this could be done under. Again best for solicitor to do monitor and advise on this.

Also of note if you're arrested and subsequently go to hospital the time spent at hospital doesn't count, so don't try to avoid it claiming illness wink
Does waiting in the queue to be seen whilst chantelle in front kicks off about her missing weed count.

ookware

54 posts

202 months

Wednesday 11th February 2015
quotequote all
stuart313 said:
Does waiting in the queue to be seen whilst chantelle in front kicks off about her missing weed count.
In the vast majority of situations, yes. The time starts on arrival at the police station for most arrested persons.

Exceptions include if arrested in Police Force A for offence in Police Force B and they take you to Police Force B via a station in Police Force A or C (for instance a toilet break en route), in which case your clock probably starts on arrival at the second station. It can get more confusing in complicated situations which is why I advise a solicitor to review it with all the information.

Greendubber

15,368 posts

234 months

Wednesday 11th February 2015
quotequote all
Eclassy said:
So you think it is appropriate that people are kept on bail for however long it takes the police to carry out investigatons.

How about your bosses commit resources to areas such as forensic investigations instead if pissing £10M away guarding an embassy in London or 70 officers preventing protesters from accessing a small piece of land outside Parliament Square.


Edited by Eclassy on Wednesday 11th February 19:23
Where did I say it was?

When the department that carries the work out only had a fraction of the original staff what do you suggest? There's no money for it thanks to Theresa, Dave and Tom so what are the police supposed to do, not do their jobs?

I don't think its acceptable or appropriate to have people on bail for any longer than absolutely necessary but sadly that's the level of service you are now going to have to accept due to the severe lack of money.

Sad but true.

Steviesam

Original Poster:

1,424 posts

165 months

Wednesday 11th February 2015
quotequote all
Strangely, bearing in mind he is an accountant, they havent even taken the PCs or servers.

Thanks for the advice.

Mk3Spitfire

2,921 posts

159 months

Wednesday 11th February 2015
quotequote all
Steviesam said:
Strangely, bearing in mind he is an accountant, they havent even taken the PCs or servers.

Thanks for the advice.
Very strange. And that's what I was on about re protracted enquiries. PC examinations can take upwards of a year. PCs and servers would have been the first thing I would expect to have been seized. Has he got any conditions? If not, tell him to just try and forget about it as best he can.

Mopar440

410 posts

143 months

Wednesday 11th February 2015
quotequote all
Mk3Spitfire said:
PC examinations can take upwards of a year.
Seriously?

How can that possibly be true?

Any IT professionals with some real knowledge care to comment?