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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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can police release me on bail but impose a condition that i

Customer Question

can police release me on bail but impose a condition that i cannot return home. i am charged with a very minor breach of a non mol order of a neice who is my neighbour
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Jo C. :

. Thank you question. My name is ***** ***** I will try to help with this.

Jo C. :

Why do they not allow you to return home?

JACUSTOMER-8qo97iqg- :

they cliam that my niece will kill herself if i return home

JACUSTOMER-8qo97iqg- :

she does have mental health issues

Jo C. :

Thanks response. I am on my way back from court so may not be able to answer you straight away. I will be back later on and won't be too long if you don't mind waiting until then to get back to you. Thanks and no need to reply to this message.

JACUSTOMER-8qo97iqg- :

what time you back on at

Jo C. :

Sorry delay.

Jo C. :

They can do this I'm afraid.

Jo C. :

The niece is the witness.

Jo C. :

They will justify this on the basis of interference with witnesses and obstructing the course of justice not to mention the commission of further offences.

Jo C. :

It is amazing that a court didn't think of this when imposing a non molestation order upon you as it was bound to arise.

Jo C. :

Also, from your point of view, you are much safer away where she cannot make further allegations.

Jo C. :

I realise you don't want to be away but it is a lot better than being on remand.

Jo C. :

Can I clarify anything ?

Jo C. :

Jo

JACUSTOMER-8qo97iqg- :

at no time did I threaten her and she was granted an interim order only to which I have had no chance to reply because of my charge and subsequent adjournments

Jo C. :

If this is an order of the family court then there is a date set down to consider the full order even if this is ex parte.

JACUSTOMER-8qo97iqg- :

also do I not have a right to family life under sec 8 of human rights

Jo C. :

Not that there cannot be derogation from if there is a good reason - such as not molesting a person.

JACUSTOMER-8qo97iqg- :

so under law there is no reason why I cannot go back home

Jo C. :

No, there is every reason.

Jo C. :

You are on bail with conditions not to do so. If you do they will remand you in custody.

JACUSTOMER-8qo97iqg- :

my question still regards ***** ***** of the con ditions

Jo C. :

They will justify this on the basis of interference with witnesses and obstructing the course of justice not to mention the commission of further offences.

JACUSTOMER-8qo97iqg- :

I would challenge on rite to family life and te fact as they claim I swore at applicant

Jo C. :

I'm afraid that is not a proper challenge.

JACUSTOMER-8qo97iqg- :

why not

Jo C. :

Right to family life can be derogated from.

Jo C. :

The Bail Act allows .

Jo C. :

In any event, there is no format to challenge it.

Jo C. :

The HRA challenges have been considered and the Bail Act deemed reasonable.

Jo C. :

All returning home will do is get you remanded.

JACUSTOMER-8qo97iqg- :

so if she claims she will kill herself if I return that is allowed#

Jo C. :

That is not the issue.

Jo C. :

But yes, she is free to make that claim.

Jo C. :

They will justify this on the basis of interference with witnesses and obstructing the course of justice not to mention the commission of further offences.

JACUSTOMER-8qo97iqg- :

and that keeps me out of my house

Jo C. :

Yes.

Jo C. :

The Bail Act allows conditions.

JACUSTOMER-8qo97iqg- :

if found guilty can I be kept ot

JACUSTOMER-8qo97iqg- :

out

Jo C. :

No.

Jo C. :

They could make the non molestation order more onerous but they couldn't exclude you.

JACUSTOMER-8qo97iqg- :

if guilty

JACUSTOMER-8qo97iqg- :

see above

Jo C. :

They could make the non molestation order more onerous but they couldn't exclude you.

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