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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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I have been arrested by the police on 3/3/16. The

Customer Question

I have been arrested by the police on 3/3/16. The evidence my solicitor says will not stand up and is insufficient. The police bailed me pending further investigations, but they took of mobiles, laptops and other equipment. The most I am concerned about is the company laptop and phone and getting them back ASAP.I am due to appear at the station as part of my bail on 15/4. I have spoken to my solicitor and he says 3 things could happen
1. I am released without charge
2. I am bailed again as they make further enquiries. My solicitor says this is the most likely thing to happen.
3. I am charged and have to attend court depending on what the charges are could be magistrates, could be crown.My questions are these.
If scenario 1 happens then fine.
If scenario 2 happens, part of my bail conditions at the moment is that I sleep at my home address every night. The reason they gave on the bail sheet is that I did not miss bail ( which to me is extreme as its 6 weeks and I’m not allowed to leave the house for a night!!)
AS part of my job I travel internationally. Are the police allowed to stop me travelling overseas is my 1st question.In the event that scenario 2 or 3 happen is when I can ask for my company laptop and phone be returned. This is my 2nd questionAs you can imagine this has made my working conditions difficult now and with the evidence they have which my solicitor states would prove me not guilty, I think it’s unreasonable they could do this
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
What were you arrested on suspicion of? How likely is it that you will need to travel abroad before this goes to trial?How many times have you travelled abroad in the last year?Have you always lived in the UK?Thank you.
Customer: replied 1 year ago.
I was arrested on suspicion of talking to a 15 year old girl online ( even though it was an adult chat site we met on and she never told me her age!)You say go to trial. Nothing has been confirmed yet and I dont know if this will go or when its likely to beLast year I was out of the country for 18 weeksYes I have lived in the UK from birth
Expert:  F E Smith replied 1 year ago.
Thanks. They are probably looking at this in respect of the offence of grooming which is an offence under section 15 of the Sexual Offences Act 2003.It is only an offence if you have met or communicated on at least 2 occasions and subsequently meet or travel with the intention of meeting. That is what the police are probably going to be investigating.They will not rush to release you without charge because whilst it’s in your best interest that’s of no interest to them.I agree with your solicitor that the most likely outcome is that you will be released on further bail pending further enquiries.You will only get your laptop and mobile phone back when they have finished with them and they will not be in a rush. It is unlikely therefore that you would get them back until such time as you are eventually released without charge.If you need to travel abroad for business you need to get evidence of that and make an application to court to have the bail condition varied to allow you to travel on specific dates. The reason for having the condition is to prevent you absconding.If you had lived in another country at any time the recent past you would probably have little chance of getting it lifted.Can I clarify anything for you?Best wishesFES
Customer: replied 1 year ago.
HiThat is a good point you made about the act.This is something I haven't been told about!!
The full story is we chatted one night only, no more. She wanted me to book a hotel which I did. She then backed out, I cancelled the hotel room and that was that. That was in November 2014. So on that basis alone am I right in saying they have got nothing to go on?My solicitor advised me to reply " no comment " to all questions when interviewed but I feel this and the information about meeting on a adult site ( where you need a credit card) would have helped me, do you agree?Can I not tell them beforehand I have to travel internationally? Will they not alter the bail condition to accommodate beforehand.? Lets be honest they have no case.If I did have to make an application to court, how long is that likely to take to make a decision and is it always successful? Is there a way I can put up some money ( like they do in America?)
Expert:  F E Smith replied 1 year ago.
I am guessing that’s what it is but it would fit in with what you have told me.From what you have said, unless the police are going to fabricate evidence, they will have to eventually release you without charge because you have not done anything.What they will be doing therefore is a lot more digging to try to find something which they obviously will not do. They also play the waiting game to try to you to trip yourself up.I don’t like no comment interviews very much because to my mind there is sort of implication that the person is hiding something and that’s why they reply no comment.What you must do is either answer all the questions or answer everything no comment. You mustn’t choose a mix of answering and no comment. The reason that solicitors very often suggest people reply no comment is because it avoids them being tripped up.You can tell them you travel internationally at any time give them the dates when you would be required to go and tell them that sometimes it’s on short notice and ask what they consider this being varied with police consent.At the moment we believe they have no case but they don’t know that the court doesn’t know that.A court application to vary the bail conditions is only likely to be days or low numbers of weeks not months but do make as quickly as you can.You can offer Security or Surety. Securities paid by you and must be in cleared funds/cash and is held by the court. Security is provided by a third party and is paid (and enforceable by the court) if you do not answer bail or turn up in court. They have to be able to prove that they have sufficient assets to cover it. It can be a combination of both. It needs to be an amount of money that would be hurtful if you did not answer your bail.Please don’t forget to rate the service positive.Best wishesFES
Customer: replied 1 year ago.
sorry this will be the last question I will give 5 stars. Can I not insist to my solicitor that they make my bail conditions so I can travel. To be honest I am really angry with the way I have been treated with little evidence and I will be looking to sue the police and the girl
Expert:  F E Smith replied 1 year ago.
You can say what you like to your solicitor He can make any application you ask and that he thinks has a chance of succeeding.However you are entirely at the mercy of the magistrates court.I can understand how you feel but suing the police and the girl is not really going to be a practical proposition but for now, concentrate on the job in hand because the last thing you need is that distraction.
F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thanks for your help. I understand what you say about suing but once I am cleared I will intend to sue both of them. I am seeing a psychiatrist at the moment as it has affected me really badly. I was also going to get a promotion at work but I had to turn it down because of this situation!
Customer: replied 1 year ago.
Thanks. I would have tipped more but the site doesn't allow it! I also left 5 stars and a review :-)
Expert:  F E Smith replied 1 year ago.
That’s fantastic. Thank you

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