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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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My fiance was arrested on suspicion of burglary. They forced

Customer Question

My fiance was arrested on suspicion of burglary. They forced me to give a written statement, and said that they could arrest me if they wanted to but were giving me the benefit of the doubt. I gave the written statement and he was later bailed. He was then arrested for theft of a car and remanded to prison. The police later came to arrest me for the same incident in which I gave a written statement for. They then bailed me to the police station and have put bail conditions on me stating that I am not allowed to associate with him and have banned me from the prison in which he is remanded, as he is "co-accused". As he lives with me, if he was not remanded in prison how could these conditions remain? He would be forced to be homeless.

My solicitor contacted the police to get these conditions dropped in which they refused. Apparently I have to take this to court which could take 3-4 weeks. I have all charge on my fiance's finances and have recently suffered from a miscarriage so have been relying on him for support, the police are aware of this.

Basically, if the police decide to re-bail me, I would like to know please how long can they keep these conditions on me? And what could happen to me if I did not follow these conditions? Surely its our human right to have a relationship, and by putting these conditions on me they are enfringing our rights?

Grateful for your help please as my solicitor is very unhelpful.

Many Thanks
Submitted: 3 years ago.
Category: Law
Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Has the matter ever been to Court? If so what stage are proceedings?
Customer: replied 3 years ago.


No the matter in which I have bail conditions for have not been to court, and I am waiting to find out on 3rd July as to whether I will be charged. My fiance's bail for this matter is 7th July. He thinks that they may charge me to put pressure on to him. I have never been in trouble with the law myself and currently work for the UK Government in a position I have held for 8 years. The police are aware of all this and know that I am petrified and have no knowledge of the law.


 


Please let me know if I have missed anything out.


 


Many, many thanks

Expert:  leanne-jones replied 3 years ago.
if the police decide to re-bail me, I would like to know please how long can they keep these conditions on me?

Conditions would be applicable until your first Court hearing. Then the Court can decide what conditions are appropriate.

And what could happen to me if I did not follow these conditions?

The Police could remand you in custody. But it is not a criminal offence not to follow Police bail conditions, it is only an offence not to surrender to custody.

Surely its our human right to have a relationship, and by putting these conditions on me they are enfringing our rights?

No - this type of right is qualified, which means it can be limited by law. In this case there is legislation under the Bail Act which means your freedom and rights can be restricted or limited, otherwise people would not be able to be remanded in custody.

But wait until the Court hearing, then your Solicitor can apply for bail conditions which are more appropriate. But I can say no contact with a co-accused is quite normal.


I hope this answers your question and if I can be of any further assistance now or in the future please do not hesitate to contact me.

Customer: replied 3 years ago.

Thankyou. This is abit confusing though as I had had contact with my fiance after he was bailed for this matter (but was remanded in custody for the other matter) for 11 days after I gave my written statement. I was then arrested and given these bail conditions on the 12th day, so my solicitors argument is that any "story" between us could have already been concucted (as in the police's eyes). So surely these bail conditions are pretty pointless considering the contact I have had with him in between?


Also, if he wasnt remanded in custody for this matter how would these conditions work as we co-habit?


 


Grateful for your assistance.


 


Many Thanks

Expert:  leanne-jones replied 3 years ago.
That is a matter for the custody sergeant but all I can say is wait until you get to court and allow the judge to decide the most appropriate convictions.

They can still impose the conditions for example if there is an allegation of a domestic assault, the defendant would be bailed not to contact, which means they would have to live elsewhere. So it is something the police / court and and do use.

Expert:  leanne-jones replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne

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