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Jo C.
Jo C., Barrister
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if I have been bailed without charge because of a domestic

Customer Question

Hi if I have been bailed without charge because of a domestic incident with my partner ( we have now reconciled and are due to go on holiday in the morning )this means I will not be able to attend the police station until 3 days later what would happen ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They will issue a warrant for your arrest if you don't attend the bail back. It isn't a good idea.
There is an outside chance that they won't execute it if they take no further action against you but I wouldn't rely on it. They might. They are perfectly entitled to do so. Also, if this is domestic nonsense then probably they won't NFA if we are honest with each other.
It really isn't a good idea to breach the Bail Act. It is something that returns to bite you on every occasion that you seek bail again. The police do abuse the Bail Act. Probably you won't get bail from a police station again in the immediacy.
I do realise that you probably don't intend being arrested again but if you have a relationship with a young lady who has a propensity to call the police to domestic rows then you cannot rule out the chance.
Sorry but that is your position.
If you really cannot attend for good reason then you could try to negotate another date. That would be a lot more sensible.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
We did ring and ask for them to move the date on and they refused the holiday was booked a couple of weeks ago and the incident took place on Sat evening. I have not been charged with anything and on the bail sheet it has the wrong address and date of birth. I am trying to reconsile with my partner the holiday is the perfect thing to do. The date I have to go is the 10th and we return on the 12 th I'm gutted to be honest. Is there nothing I can do.
Expert:  Jo C. replied 2 years ago.
Yes, I had thought they might.
You could get your solicitor to renew the request.
The trouble is that they will not want you to reconcile with your partner especially when you are on bail for an assault.
There isn't a way of challenging this legally I'm afraid.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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Customer: replied 2 years ago.
What is the worst thing that could happen ?
Expert:  Jo C. replied 2 years ago.
They could pick you up at the airport but they won't do that.
They will just arrest you at some point and keep you in custody for court in the morning. Then you will be released almost certainly.
But the problem is that the next time you are arrested they will probably keep you in and the court might not bail you either. The Bail Act doesnt carry huge consequences for first offences but it repeatedly returns to haunt you.
Customer: replied 2 years ago.
I would be going straight to the police station on my return from holiday Its not that I don't want to attend it's just that I will be late surely they couldn't do too much to me if I still went but just late!
Expert:  Jo C. replied 2 years ago.
Yes, they could I'm afraid.
They could take the actions I mentioned above. It is very unlikely they would release you from the station and it would hamper any subsequent bail applications.
Customer: replied 2 years ago.
Ok thank you for all your help kind regards
Expert:  Jo C. replied 2 years ago.
No problem.
For what it is worth, I don't really approve of this interfernece in relationships either. If it needs to be litigated upon at all then it should be in the civil courts.

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