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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 was recently arrested and released on police bail with conditions.

Customer Question

I was recently arrested and released on police bail with conditions. I signed the bail form at the station before leaving. A few days later, the investigating officer came to my house and informed me that the bail conditions had changed. I didn't sign anything to accept this. Is this normal/right?
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.
Were you given them in writing?
Customer: replied 1 year ago.
The changed bail terms? No I wasn't - they were given verbally on my doorstep. The investigating officer was returning my car key. I'm fairly certain I signed for the return of the car key, but wasn't shown any other paperwork and didn't sign any other paperwork.
Expert:  Jo C. replied 1 year ago.
It isn't normal. They should have got it right at the police station.
It is perfectly lawful though. They are entitled to add bail conditions and to vary them. They should be proportionate obviously but that is another issue.
As long as you have been informed of the variation and it is clear and proportionate the bail conditions are enforceable.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I was arrested on a stalking charge against the mother of my two children. The original bail terms were that I was only to contact her regarding issues of child care. Then they changed them to state that I could only contact her via my solicitor and not directly. Not only is this getting very expensive, it is also not dynamic enough to be able to make proper arrangements for the children, for example if I'm late leaving work or a train is delayed on an evening I'm supposed to be having the children stay with me. It's very awkward. My ex seemed quite happy communicating about the children via text prior to the change. This change really isn't helping anyone. Is it worth me appealing to see if I can get it put back to what it was? I just want to make arrangements for the children easier.
Expert:  Jo C. replied 1 year ago.
No, not really.
They won't allow it and also if you contact her directly you are vulnerable to further allegations.
The plain fact is that if she wanted to have contact with you directly then she shouldn't have summonsed up the police to this nonsense. She can't have it both ways. She will just have to put up with the inconvenience as it is of her creation and nobody else's.

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