How long can you be bailed for?
Discussion
A colleague has been arrested by police and bailed for three months regarding a whatsapp message that was sent in a group work chat. This has now been extended for another three months. His phone has been siezed for forensic examination. I believe this takes the police at least 12 months to examine. Can the police just keep extending the bail for up to 12 months or more.? I've looked online and some of these cases can last over 2 years. I know the police are stretched and can't magic resources from nowhere but bail conditions for this long seems excessive. I can't see things getting any better technology surrounds us and the staffing levels are not going to increase.
Can a solicitor challenge bail conditions?
He is currently not allowed to live with his wife and child and this is having a major impact on their mental health. He has had social services involved but they have now closed the case and said they won't get involved again unless he is charged.
Can a solicitor challenge bail conditions?
He is currently not allowed to live with his wife and child and this is having a major impact on their mental health. He has had social services involved but they have now closed the case and said they won't get involved again unless he is charged.
Obviously one to speak to a solicitor about - but effectively there seems to be no limit on how long you can remain on bail for.
Reading the odd court report in the news, I've often read quotes from judges along the lines of "If it were not for the x year delay in this cases conclusion, you'd be facing jail today" or similar.
So some sympathy from some judges - it must be extremely painful if you know full well you've done nothing wrong and are waiting literally months/years for that to be made official.
Reading the odd court report in the news, I've often read quotes from judges along the lines of "If it were not for the x year delay in this cases conclusion, you'd be facing jail today" or similar.
So some sympathy from some judges - it must be extremely painful if you know full well you've done nothing wrong and are waiting literally months/years for that to be made official.
The mind boggles!Greendubber said:
pocketspring said:
Message or "image"?
Just what I was thinking. Bailed with conditions not to be near their kids? I think I can guess exactly what the nature of the investigation is....Don't let him babysit anytime soon.
Someone I know has recently had similar conditions applied.
Certain activity on the ‘dark web’ was involved.
Ex cop here, left recently after 16 years, mostly as a Detective Sergeant. (Excuse grammar and formatting. I'm on a phone and typing is awkward)
3 stages:
1) At present, pre-charge bail has a maximum period of 28 days for the initial bail notice. An inspector must authorise this
2) Before this period ends an extension of 3 months can be given. This is authorised by a superintendent. (Note: if deemed very complex then an assistant chief constable can extend to 6 months)
3) Before the end of that period you must go to court for further extensions.
Bail is extremely strict now. You must demonstrate
A) Grounds to suspect the person is guilty
B) Further time is needed for charging decision and further investigation
C) investigation is being conducted diligently and expeditiously
D) Necessary and proportionate to continue to bail
If it is not a specialist cyber unit there is a huge wait on forensics. 12 months sounds about right.
The biggest delays are with CPS, sometimes taking 2 years to charge.
The starting point is that everyone is entitled to be released without bail UNLESS the police can show it's necessary. It may be initially but over time it's harder to justify
So the solicitor could in time make representations to say bail should be unconditional or taken away all together. The police hate it mostly as it's so hard and tedious to extend. So snowing things like
- person on bail for 3 months and no issues
- they live in the same address and living a very balanced life (eg not transient)
- family ties to are
- has complied with all conditions and requests
- has a job so freedom is needed to an extent to carry on
- same for family life
3 stages:
1) At present, pre-charge bail has a maximum period of 28 days for the initial bail notice. An inspector must authorise this
2) Before this period ends an extension of 3 months can be given. This is authorised by a superintendent. (Note: if deemed very complex then an assistant chief constable can extend to 6 months)
3) Before the end of that period you must go to court for further extensions.
Bail is extremely strict now. You must demonstrate
A) Grounds to suspect the person is guilty
B) Further time is needed for charging decision and further investigation
C) investigation is being conducted diligently and expeditiously
D) Necessary and proportionate to continue to bail
If it is not a specialist cyber unit there is a huge wait on forensics. 12 months sounds about right.
The biggest delays are with CPS, sometimes taking 2 years to charge.
The starting point is that everyone is entitled to be released without bail UNLESS the police can show it's necessary. It may be initially but over time it's harder to justify
So the solicitor could in time make representations to say bail should be unconditional or taken away all together. The police hate it mostly as it's so hard and tedious to extend. So snowing things like
- person on bail for 3 months and no issues
- they live in the same address and living a very balanced life (eg not transient)
- family ties to are
- has complied with all conditions and requests
- has a job so freedom is needed to an extent to carry on
- same for family life
redrabbit29 said:
Ex cop here, left recently after 16 years, mostly as a Detective Sergeant. (Excuse grammar and formatting. I'm on a phone and typing is awkward)
3 stages:
1) At present, pre-charge bail has a maximum period of 28 days for the initial bail notice. An inspector must authorise this
2) Before this period ends an extension of 3 months can be given. This is authorised by a superintendent. (Note: if deemed very complex then an assistant chief constable can extend to 6 months)
3) Before the end of that period you must go to court for further extensions.
Bail is extremely strict now. You must demonstrate
A) Grounds to suspect the person is guilty
B) Further time is needed for charging decision and further investigation
C) investigation is being conducted diligently and expeditiously
D) Necessary and proportionate to continue to bail
If it is not a specialist cyber unit there is a huge wait on forensics. 12 months sounds about right.
The biggest delays are with CPS, sometimes taking 2 years to charge.
The starting point is that everyone is entitled to be released without bail UNLESS the police can show it's necessary. It may be initially but over time it's harder to justify
So the solicitor could in time make representations to say bail should be unconditional or taken away all together. The police hate it mostly as it's so hard and tedious to extend. So snowing things like
- person on bail for 3 months and no issues
- they live in the same address and living a very balanced life (eg not transient)
- family ties to are
- has complied with all conditions and requests
- has a job so freedom is needed to an extent to carry on
- same for family life
It's changed slightly now (I can't remember when but its fairly recently). 3 stages:
1) At present, pre-charge bail has a maximum period of 28 days for the initial bail notice. An inspector must authorise this
2) Before this period ends an extension of 3 months can be given. This is authorised by a superintendent. (Note: if deemed very complex then an assistant chief constable can extend to 6 months)
3) Before the end of that period you must go to court for further extensions.
Bail is extremely strict now. You must demonstrate
A) Grounds to suspect the person is guilty
B) Further time is needed for charging decision and further investigation
C) investigation is being conducted diligently and expeditiously
D) Necessary and proportionate to continue to bail
If it is not a specialist cyber unit there is a huge wait on forensics. 12 months sounds about right.
The biggest delays are with CPS, sometimes taking 2 years to charge.
The starting point is that everyone is entitled to be released without bail UNLESS the police can show it's necessary. It may be initially but over time it's harder to justify
So the solicitor could in time make representations to say bail should be unconditional or taken away all together. The police hate it mostly as it's so hard and tedious to extend. So snowing things like
- person on bail for 3 months and no issues
- they live in the same address and living a very balanced life (eg not transient)
- family ties to are
- has complied with all conditions and requests
- has a job so freedom is needed to an extent to carry on
- same for family life
Police can bail for up to three months straight away, it can be extended by another three months by an insp and then another three by a superintendent.
Bail is seen to be the 'normal' again now rather than RUI.
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