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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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I have been on pre charge bail 1 year. I was accused

Customer Question

I have been on pre charge bail for over 1 year. I was accused on money laundering. No further questions have been asked of me. With the new policing and criminal justice bill of 2015, can I ask the police for a letter of no further action?
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.
When are you due to answer bail?
Customer: replied 1 year ago.

Until now I was given 3 previous dates. On each occasion I was asked not to attend and given a new date. These were the 10th Jan then 30th March. I was then given may 13th. Strangely on this latest occasion I was told not to attend and told my date to answer bail would be 'sometime near Christmas'. I was arrested on September 6th last year. Communication has only been given by email from my handling officer.

Expert:  Jo C. replied 1 year ago.
Ok.,
But when are you due back at the police station?
Customer: replied 1 year ago.

They have said sometime after Christmas. No date given. They said they will tell me. Nearer the time.

Expert:  Jo C. replied 1 year ago.
Are you on bail then or attending voluntarily?
Customer: replied 1 year ago.

They told me I was on bail and was to answer when told. I was given one bail letter when I was arrested. Since then it's by email. I believe I am pre charge unconditional bail.

They also have many of my personal possessions including computers tablets and my watch which was a gift from my father.

Expert:  Jo C. replied 1 year ago.
Ok.
Did you get a bail sheet last time you attended?
I am just offline for about an hour while I travel home so don't panic if I don't respond immediately.
Customer: replied 1 year ago.

I have never had to attend to answer bail. I was told on each occasion not to bother turning up. I was only given one bail Sheet on the day of my arrest. I have had not physical contact with police since. Only by email when I have chased them to confirm if I should go to London. Each time I was told not to come and given a new date except the last time when I was told sometime after Christmas and that they would contact me.

Expert:  Jo C. replied 1 year ago.
Ok. It is quite difficult to tell what they are doing. You may be on bail or you may have been removed.

Either way, you cannot rush a police decision. You can ask them and they will refuse.

There is a challenge under the HRA to elongated bail periods. However, it is expensive to bring and it really applies best to people with onerous bail conditions. Also, I wouldn't suggest it because it will annoy the police which you don't want to do on the whole.

I know you want to bring this to an end and I understand but it is much better to sit quietly. Delay is not a prosecutor's friend.

Can I clarify anything for you?

Jo