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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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HiThe ongoing saga of my wifes bail....Previous advice:

Customer Question

Hi
The ongoing saga of my wifes bail....
Previous advice: Bail;
My wife was arrested last August and released on police bail pending CPS descision as to prosecute. The bail term was to Feb 15. On presenting her self at the station the bail was extended a month to March, when she was informed she would either be charged or released.
A few days before reporting in time, the investigating officer called her and told her not to bother coming in, she will contact her again on the day.
She did not call, no letter in the post re extention......
Q Can my wife consider the bail to be forfeit as she was not given another extention and the police did not require her to attend the station?
Kind regards
Stan
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System of Law: England-and-Wales
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From Michael Holly
29 March 2015 06:03 EST
Dear Stan
Yes, it may be as well to check at the police station concerned to see if any communication has gone astray, but subject to that she was told she would be informed whether she needed to do more and she has heard nothing.
Just in case make sure you make a note of the conversation with the investigating officer , when it took place, what was said and keep it
I hope this helps. If there are any further points please reply
Best wishes
Update:
Liz attended the police station the following Monday, was not rebailed, nor charged, allowed to leave the station.
The police then attended our property last night, here is a brief transcript of conversation;
"The subject of bail arose, with DC Newbury inferring that Liz was still on police bail.
Liz responded that she was no longer on bail, she had a report time, Newbury called her a couple of day’s previous to cancel her appointment with no notification of extention date.
Newbury denied this, she stated:” I did not say that”.
At this point Liz pointed at her and restated her version of the conversation, Newbury conceded immediately acknowledging that she did not want Liz to attend that day".
This conversation was witnessed by myself and the accompanying officer, Newbury had just lied in front of two witnesses.
Liz informed her that she considered herself to be free of bail, the officers seemed to have another impression; that she was on open ended bail with no report date attached.
They stated they could simply take her in and restart bail, Liz asked if they were to re arrest her for the same offence, subject was dropped.
Liz disagreed, having obtained independent legal device from several sources, yourselves included.
They ended the meeting with "we will call you in May to come in and be charged", suggesting Liz surrender in voluntarily.
We are under the impression that the police are abusing the bail facility,ignoring due process. This seems irregular in practice going by guidelines referenced on the inter net.
No charge has been brought, some 8 months in, with the police needing a "face to face" meeting with CPS.
Q: Is Liz free from bail and what course of action should she take?
The police have a bunch of stuff siezed from our house last August, taken under the proceeds from crime act. No charge against Liz so far.
They have not adhered to handling of evidence, in that no receipt of inventory has been provided for what they took.... we will need a solicitor in Newport area sooner or later, can you recommend anyone?
Thanks
Stan Fawcett
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
So, in short, she has been told not to attend the bail back but not given a new date?
Customer: replied 1 year ago.

Hi

Yes, the investigating officer called her and told her not to report in at the specified date / time.

She went in anyway the following Monday, no bail and no charge.

As detailed above, the police seem vague as to her bail status.

Expert:  Jo C. replied 1 year ago.
Well, if she has been released from the police station on bail then she will still be on bail unless it has been removed.
What the fact of not being told of the date to attend would mean is that they couldn't issue a warrant for her arrest if she didn't attend - can't attend if you don't know the correct date.
Therefore, no she is not free from bail and anyway it wouldn't make any difference even if she were because they can rearrest and charge her if those were the commandments of CPS.
Elongated bail periods do not amount to abuse of the bail process I'm afraid. There is a fairly wholly human rights to challenge to bail conditions but not to bail periods.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thanks

In reviewing the home sec's reforms it seems they cannot come in fast enough!

Liz will sit it out, omit to attend voluntarily, wait to be picked up and then appoint a solicitor.

The whole issue seems awry with indiscrepancy's, to be addressed by her defence later I think.

Thanks for your advice Jo.

Kind regards

Stan Fawcett

Expert:  Jo C. replied 1 year ago.
It isn't really a good idea to wait to be picked up.
If the police are looking for you then it is much better to go in voluntarily. Apart from anything, you can do it at a time of your choosing rather than one of theirs.
Otherwise though, no problem and all the best.

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