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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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Last February 2014 i was arrested counts of non violent

Customer Question

Last February 2014 i was arrested for 2 counts of non violent harassment, i was very ill at the time suffering from PTSD, i was taken to the police station and kept there for 45hrs in this time the police fabricated two more additional charges of common assault & perverting the course of justice.
The plaintiff was working for me and was stealing, she was in a relationship with a police officer at the time and it was his colleagues from the same police station that arrested me. i was sent to prison from the court the next evening, i spent 3 months in prison and after my 5th bail attempt was released on conditional bail 180 miles from my home, on electronic tag, curfew, banned from internet and mobile phone for an additional 3 months, i lost my home, savings and my wife and son where left to fend for themselves. i don't believe this is the correct way to treat anyone with only accusations as proof?
My solicitor has had to list the case in court several times because the prosecution have been uncooperative time and again, at the last hearing the evidence we had been asking for was brought to the court last minute by the arresting officer, the prosecution was then hoping to set a trial date for that week so we wouldn't have time to examine my phone evidence ourselves, luckily the judge was very fair and set a trial date for september 2015 as far as the prosecution & police are concerned it has only been abuse of process on there behalf.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

I would like to know if this is the usual procedure, putting someone in prison without a trial, doesn't this go against my right as per article 6 to be presumed innocent and it is on the bearer to prove i am guilty and not the other way round as it seems to be

Expert:  Jo C. replied 3 years ago.
I presume you mean you were remanded in custody under the Bail Act?
Customer: replied 3 years ago.

yes i was it didn't seem fair not when you have rapist and potential murders released on bail, its either presumed innocent or not which one is it ? which leads me to assume as the plaintiff was in a relationship with a police officer they got her to tell them more historic events and made up the other charges loosely based on the truth in order to imprison me

Expert:  Jo C. replied 3 years ago.
Yes, that is normal procedure.
The issue is not seriousness of the offence although harassment is serious. There are four grounds to withhold bail.
The first is that a person will fail to surrender. The second is that they will interfere with witneses. The third is that they will obstruct the course of justice. The fourth is for their own safety.
People charged with murder are not generally bailed. People charged with rape are often bailed reflecting the rubbish quality of the evidence of most rapes which causes the low conviction rate.
If this is a harassment then that concern was probably interference with witnesses and obstruction of the course of justice.
The relationship with an officer is a non issue which will have played no part.
Can I clarify anything for you?