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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been arrested but not charged. I have been given unconditional

Resolved Question:

I have been arrested but not charged. I have been given unconditional bail while the police make further investigations and have to return on a specified date. When I return, what rights do I have? For instance, can the police lock me up again as they did last time? How long can I be expected to wait if there is no-one available to keep the appointment?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the nature of the offence please?

Customer:

suspicion of assisting a suicide

Alex Watts :

Ok - when you go back several things may happen:

Alex Watts :

1) The Police may take no further action - that will be the end of the matter

Alex Watts :

2) The Police could re-bail you to a later date

Alex Watts :

3) The Police may charge you

Alex Watts :

When you go back it is possible that you could be arrested and interviewed again

Alex Watts :

But usually they rebail you after they have interviewed you

Alex Watts :

So the chances are one of the above 3 may happen

Alex Watts :

When you go back someone will be available, even if they rebail you

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I doubt they will charge me - there has been no crime committed. But I am very afraid they will lock me up again and I don't think I can cope with that again. Are they entitled to do this?

Alex Watts :

Yes if they have reason to, ie need to interview you againb

Alex Watts :

But they are entitled to allow you to get a duty Solicitor

Alex Watts :

Potentially they can but unlikely

Customer:

Is there any way I could know that in advance? Would I be wise to take a solicitor with me?

Alex Watts :

No, you can't know until you get there. If you called and they said you were going to be charged, you could skip the country.

Alex Watts :

But its unlikely.

Customer:

The thing is: it's unlikely that a 68 year old woman who has just arrived home and found her husband dead would be arrested and locked in a police station cell for 10 hours. But it happened and I would prefer that it didn't happen again. Is there anything I can do that would minimise the risk?

Alex Watts :

Indeed I agree. Sadly there is not much you can do.

Alex Watts :

However its very unlikely you would be re-arrested, they have no reason to

Alex Watts :

Its fairly straight forward and I would hope that they take no further action

Alex Watts :

But I cant say 100% it wont happen - but it is very unlikely

Customer:

Thanks, ***** *****

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