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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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I was arrested on 3/3 and release on pre charge bail

Customer Question

Hi
I was arrested on 3/3 and release on pre charge bail with conditions.
I went back to the police station yesterday and they have rebailed me for another 6 weeks. Before I went back my solicitor told me this would happen. I told him that there is no evidence the police have that proves I am guilty and the police are using this as an excuse to “hang me out to dry “ ( like they did with Paul Gambacinni.
I understand that however wrong I believe the police are acting, they can rebail me indefinitely.
The one thing I am really unhappy about is my restriction I that I need to sleep at my home address every night. I told my solicitor I wanted him to speak to the custody officer to get this removed. However when I turned up at 11am yesterday, after waiting over an hour another sergeant who didn’t know the case said “ she could not change the conditions as these were on my last bail conditions sheet.
My solicitor says that we need to go to a magistrates to get this one removed ( there are 2 other on there which are not affecting my civil liberty really)
However I need to travel as part of my job. If I cannot travel overseas I am likely to lose my job.
My questions to you are
1. How likely is this restriction removed if I give them a letter from my Employer to say I need to travel internationally ( my solicitor said 90%?) and how much does it cost
2. Is it better to attend the hearing at the magistrate’s or do this without a hearing
3. If the magistrates refuse I hear I can appeal to a district courts ( judicial review?) again how likely will they overturn that decision by the magistrates’ and how costly will it be
4. Also at what point should my solicitor submit a defence statement?
Thanks
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Hello are you using your own solicitor or one given to you?
Customer: replied 7 months ago.
I am using a duty solicitor but I have no faith in him to be honest. He was appointed by the police and I don't think he has my interests at heart
Customer: replied 7 months ago.
a lot of the information I have been finding out myself through my own research
Customer: replied 7 months ago.
Hi I should add the reason they gave for the conditional of the bail is because they think I will fail to appear for the next bail date, which to me is extreme as I would anyway. I have a house and job to lose if I dont
Expert:  Jo C. replied 7 months ago.
On your specific points 1 It is quite unlikely they would remove this completely. It might be that they would let you sign weekly at a police station instead of a residence address but a residence condition is quite common. 2 Yes. Definitely attend. 3 You could judicially review. Do not waste your resources. It will not succeed. The only other challenge is under the Human Rights Act. That has a better chance but is not cheap. 4 Not until you are charged and the Crown has served initial disclosure. Can I clarify anything for you? Jo

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