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Aaron D
Aaron D, Barrister
Category: European Law
Satisfied Customers: 199
Experience:  LLB, BPTC
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I am currently suffering with some mental health conditions

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I am currently suffering with some mental health conditions including PTSD and being reviewed for either autism or a personaity disorder . I was out onto a new medication that is known to cause violent outburst in some cases. 3 weeks ago i had an argument with my partner and she threw a cup of tea over me snapped, i grabbed her by the neck, a few days later we had another argument and the police came. I was arrested for the origanal assault, kept in a cell for around 20 hours. My partner, who is also my registered carer made it clear to the police that she did not want me locked up or charges made against me and refused to give a statment, while we both understand that what happened is not ok we also know this was an isolated incident and i am no longer taking the new medication.I am currently on bail and the conditions include not being allowed home and not being able to contact my partner. My partner has made it very clear she does not want this and we will remain in a relationship.My question is, with the bail conditions saying I am not to return to my home address and "not to contact xxx either directly or indirectly" how do i stand if she contacts me. If it is her that calls me, if she comes to the place I am staying or if we meet at other locations am i breaking the bail conditions?
Customer: replied 10 days ago.
It is worth adding that while my partner did not give a statement the incident is on a cctv camera which they obtained from my partner under duress. They told her that she was obliged to provide it.

Hello, thank you for your question.

Firstly, let me just make it clear to you that once the police are involved, it is up to them/ the CPS whether to prosecute, not your partner. Often people have this idea that a victim can "drop the charges" that is something often said on television and is an Americanism. In the UK even if the victim explicitly tells the Police they do not want to have the other person prosecuted and they will not assist with the Police investigations, the Police/ CPS may proceed with it. In deciding whether to proceed they have to consider whether there is enough evidence to get a conviction and they also must consider whether it is in the public interest to proceed. If the victim is uncooperative then that may be a factor in the public interest test, and indeed the evidential test to some extent.

In terms of your main question about bail. The bail is against you; not your partner. You are prevented from doing anything you are prevented from doing in the bail conditions. Generally speaking, your partner has no restriction on their ability to contact you.

However, as the restriction is on you then it is you that must avoid the contact. Often when the Courts impose bail the judge warns someone on bail if the other person contacts you then you must ignore them; if you see them on the street you must walk the other way. This is vital. If you breach bail then you can end up in a prison cell, sometimes for months whilst awaiting the outcome of a case. If your partner calls you; ignore it. If they text you; do not reply. If you get lots of contact from your partner; tell the Police and explain that you have not replied but you are worried that they are contacting you.

Also bear in mind that generally speaking bail conditions exclude contact via a third party so even getting a friend to relay messages might be a breach of bail. If in doubt, speak to the Police.

More importantly; you will need a solicitor and you will likely be entitled to one for free under the legal aid scheme depending on how far your case has progressed. You may already have one, if so these sorts of queries should be raised with them. If you do not have one then you can find one here: https://solicitors.lawsociety.org.uk.

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Customer: replied 10 days ago.
The bail conditions were imposed by the police in custody, as of yet I have not yet been to court. Im not sure if these are different things or not and if so if the rules are the same?Just to confirm, your advice is i should ignore all contact from my partner and not allow them to visit me at this stage?
Customer: replied 10 days ago.
This is of course very hard as we are in a really very happy relationship (despite my change in personality on the new medication) and have no wish for that to change. We also provide care for each other with my partner having had a brain injury 8 years ago I am her main care giver and with my mental health coinditions she is also my main care give (she provides me with more care than i do to her really).

The rules are the same - the consequences are different.

With Police Bail, the consequence of breach is that you can lose your right to bail pending the first court hearing depending on the circumstances.

With Court Bail, there is an added offence of breach of bail.

With either scenario though, there are other offences involved such as interfering with witnesses so you always have to be very careful.

Yes, you should ignore all contact if you are prohibited from contacting you partner.

If you are not happy with the bail conditions you need to speak to Police and explain why or speak to a solicitor to try to speak to them for you.

Aaron D and 2 other European Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you very much. You have been really helpful. I think having a solicitor speak to them at this stage is a great idea as without care im not doing so well.
Customer: replied 10 days ago.
You have been great. Thank you

You are most welcome, good luck with it and I hope you sort things out soon.

You can find more information on the appeal processes etc here: https://www.cps.gov.uk/legal-guidance/bail but it is complex and I thoroughly advice speaking to a solicitor.

Customer: replied 10 days ago.
Thank you again. I used the website you provided and have contact a couple of local solicitors