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JGM, Solicitor
Category: Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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My brother was arrested tonight for breaching bail conditions

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My brother was arrested tonight for breaching bail conditions surrounding his 'bail address'. It was an absolute disgrace and as it was as though the Police had come looking for trouble.
The background to the situation comes from my brother being charged with a domestic assault charge whilst under the influence of drink. Note, he did not beat anyone up, he is accused of striking his partner over the head whilst drunk.
Tonight, two Police Officers called to my address which I had thought was my brothers bail address. Firstly, they lied about the reason for their visit, advising they were following up on a report about an act of vandalism. They proceeded to shove their way into the property uninvited and when asked to remain downstairs by 3 other family members, they insisted on going upstairs after my brother who had gone to fetch his bail conditions correspondence.
My brother was then escorted from the property to the Police vehicle with his arm twisted up his back.
Before speaking to my brother, as I had answered the door when the Police first arrived, they asked me how old my brother was. I asked them if they had his details and one officer advised that she was asking because of the way I had shouted on him to get his attention. I personally thought that this was irrelevant and unprofessional of the Officer.
The Police had a quick chat with my brother, he left to go upstairs to recover a letter surrounding his bail conditions. At this, both Officers shoved their way into the property. They were asked to wait downstairs and proceeded on running upstairs after my brother. I again advised them that they had no permission to go upstairs and they said they were going anyway.
They then informed my brother that he was in breach of his bail conditions and when I questioned why this was, one of the Officers accused me of obstructing the course of justice - why? for questioning the reason for the arrest. Was I aggressive or did I stand in front of them - NO.
It appears my brother and the rest of the family thought our home was my brothers bail address and it appears the home with whom he shares with his partner, the charge being domestic assault, is being classed as the bail address. Strange. I am wondering if the Police acted above the law and if my brother will now go to Prison for breaching bail and to be honest, it really was a misunderstanding or a clerical error as an earlier letter confirmed my address as his bail address. Why would he get bail to the property he shares with the person raising the charges in the first instance.
Note, his court case is some time in September and he now faces remand in Prison as a result of this incident tonight.
I want to pursue a complaint about the Police behaviour as it was intimidating and really unprofessional. As well as there being other witnesses in the house, there were 2 young children who were left distressed by the affair. I need advice on what to expect and on the best way to address my complaint?
Kind regards
Thank you for your question.
You should proceed with your complaint. However you do need to ascertain where the bail address is as it would be very unusual were it to be at the address of the partner.
Can you get in touch with his lawyer? You have to do so before he appears in court on Tuesday. In the interim your complaint should be put in writing to the senior officer at the police station. I think from what you say they have overreacted and possibly may even have made a mistake over the bail address.
The police complaints will direct a senior officer to interview you and prepare a report.
Please leave a positive response so that I am credited for my time.
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