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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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I have to attend my bail today, this is the 3rd time a date

Customer Question

I have to attend my bail today, this is the 3rd time a date has been set, the first time the police cancelled, 2nd time I challenged the allegation as there was no evidence. the CPS have changed the allegation, but I have not been informed by the police. Does this happen, or is it a case that I will turn up for my bail and I have to accept the allegation?
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.
Im not sur what you mean by accept the allegation? There is no action you can take relating to the allegation at this stage.
Customer: replied 1 year ago.
So because the original allegation of blackmail - there was no evidence, its a previous partner playing 'tit for tat' as I successfully took him to crown court in April and won. The CPS can charge me for something else? im confused that they can do this? as when I was questioned by the police the allegation was blackmail and nothing else? please advise
Customer: replied 1 year ago.
Can I also request for the duty solicitor to discuss the new allegation before I answer any questions? As I have never experience this process before, will I have the opportunity to talk to a family member/solicitor or is it a case I attend my bail and Im presuming from that I will have to attend court?
Expert:  Jo C. replied 1 year ago.
Yes, they can bring a different charge. Happens all the time. There are lots of reasons for it. Sometimes evidence changes. Sometimes more appropriate charges are preferred. Sometimes the police just got the cause of arrest wrong. Police officers will always arrest for the most serious offence available to them because it gives them greater powers. That doesn't mean it is the appropriate charge.
They probably will prefer lesser charges as blackmail is a fairly high test and there are lesser offences.
You are probably right. The motivation is probably revenge. I'm afraid people do that. That is one of the things you need to consider when making allegations against people I'm afraid. The inevitable consequence is that they will want to do it to you.
You probably won't be allowed to refer to his conviction in the course of your defence. It is a very high test to get bad character of non defendants in.
Can I clarify anything for you?
Jo
Expert:  Jo C. replied 1 year ago.
You can access the duty solicitor if you are being investigated for fresh offences.
A solicitor would not normally attend a bail back now but if you are being interviewed again the legal aid rules are different and anyway I presume you don't have a previous solicitor.
If you are charged then you will have to attend court.
Customer: replied 1 year ago.
Ok thanks that was helpful so just for my clear understanding I have to accept whatever allegation is made regardless that there is no evidence and attend court, possibly have a record just because my ex partner decides that its pay back time? that does not seem fair.
Expert:  Jo C. replied 1 year ago.
I'm not sure what you mean by accept? There is no action that can be taken about an allegation at the police station.
You can obviously plead not guilty and contest it at court if you have a defence.
I'm afraid allegations are quite often made out of an attempt to get revenge. That is one of the things I would have warned you about before making an allegation against him. Most domestics arise from revenge really. If you dont have a defence to the allegation then you would have to plead guilty. He probably wouldn't have reported it if you hadn't made an allegation first but you have and we can't go back and undo that.
Customer: replied 1 year ago.
I did not have a choice it was drug related and a domestic abuse case, which he admitted too and pleaded guilty. So just to clarify I attend my bail and wait for the court hearing???
Expert:  Jo C. replied 1 year ago.
Well, you are always free to not make a report. Nobody can force you to in the UK. So does he as well, of course.

You attend your bail and they will tell you whether it is a charge, rebail of NFA.

If it is a charge they will give you a date to appear at court. They are not going to remand you if you have been on bail and surrendered without incident.

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