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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I was arrested without bail in July for "Failure to appear"

Resolved Question:

I was arrested without bail in July for "Failure to appear" in relation to a speeding offence the year earlier that I had no knowledge of. I hadn't received any summons from the court nor do I have any prior convictions.
I was detained overnight and transported to the court the next morning. Is this allowed?
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.
How did there come to be a warrant for your arrest for a speeding offence?
Customer: replied 1 year ago.
They had apparently been sending letters/summons to the wrong address which I obviously hadn't responded to and so issued a warrant when I didn't attend the court date.
Expert:  Jo C. replied 1 year ago.
Were you only summonsed for speeding?
Customer: replied 1 year ago.
Yes. I've never been in trouble for speeding or otherwise before either.
Expert:  Jo C. replied 1 year ago.
Are there any other warrants out against you?
Customer: replied 1 year ago.
None at all.
Expert:  Jo C. replied 1 year ago.
Were you arrested for the speeding offence originally?
Customer: replied 1 year ago.
No. It was caught on a speeding camera on the M1 motorway.
Expert:  Jo C. replied 1 year ago.
On the face of it, I cannot see how a warrant can have been issued lawfully. If he were not arrested for speeding then you could not have been on bail and therefore the bail act would not apply. Generally speaking, people are summonsed to court for speeding offences and, while failing to answer a summons is a contempt of court in theory, it does not amount to a bail act offence.
If that is right, then this would amount to an unlawful arrest. Quite frankly though compensation is often not worth pursuing as the awards have been substantially reduced. You can always complain to the the IPC C although it sounds as though this was an error of the magistrates rather than the police if indeed a warrant did exist.
If that is right then it might be safer to consider the options for civil recovery as magistrates can't take revenge in the way that sadly the police sometimes do.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I did initially complete an NIP but then I had moved address before they had responded. Does this mean I broke bail conditions?
Expert:  Jo C. replied 1 year ago.
No, because you weren't ever on bail.
Customer: replied 1 year ago.
Thank you very much.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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