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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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Is it true that if you make a criminal allegation against a

Customer Question

Is it true that if you make a criminal allegation against a suspect and that suspect is arrested and on bail pending further investigation, you then cannot contact the suspect unless through the Police or their criminal lawyer whilst the suspect is on bail ?
The bail condition is to not contact directly or indirectly xxx(name of company) and yyy(name of person making the allegation) unless invited to do so.
Is it true that "invited to do so" means invited to do so by the Police?
Is it true that the above is the case to protect the suspect from bullying/harrassment/entrapment and intimidation from the victim which might push the suspect to breaking the bail. The suspect is innocent until proven guilty?
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.
No.
There are no prohibitions upon the accuser at all. Not that there shouldn't be but there are not.
The accuser is not subject to bail and therefore not subject to conditions.
The fact that an accuser is making contact might be a useful cross examination point but no offence lies within it.
No, it is not true that this is to protect the suspect because it is not the position of the law.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The accuser was harrasing me. My bail condition was "to not contact directly or indirectly" the accuser.

Had I contacted them, I would have been re-arrested?

Expert:  Jo C. replied 2 years ago.
Yes, you probably would.
Those are your conditions. They do not bind the accuser.
They should but they do not.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The bail condition is to not contact directly or indirectly xxx(name of company) and yyy(name of person making the allegation) unless invited to do so.

Is it true that "invited to do so" means invited to do so by the Police?, not the party making the allegation?

Expert:  Jo C. replied 2 years ago.
Invited to do so would include the accuser.
I wouldn't suggest doing it though because you are vulnerable to other allegations.

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