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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 458
Experience:  Owner at James Bruce Solicitors
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I need some advice please. My partner is due in court in Oct

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I need some advice please.
My partner is due in court in Oct & has bail conditions attached (not to play music or make any audio-able noise)
He has been arrested tonight because of an allegation of playing loud music by our neighbours (a policeman & policewoman) This is the 3rd/4th time he has been arrested for breach of bail for playing music. He gets released each time. No charge. But, last time the judge said, if he see my partner in court again , he will send him to prison. Can they do that?
There is no way at all, music has been played at property!
We darent!!
How can my neighbour keep making allegations & my partner get arrested, on their word?
They could keep making allegations over & over again & he get arrested.
On the last 2 occasions, my partner has lost wages. Seen taken from the house in handcuffs.
This is mentally breaking my partner & myself. I have only seen my partner cry once in the whole 7 years we have been together. He was going to cry tonight. I'm so concerned about his mental health. We , he feels as no one is listening to him
Can you help please ?
Angie
JA: Where are you? It matters because laws vary by location.
Customer: North east Lincolnshire
JA: What steps have you taken so far?
Customer: Has a solicitor through legal aid . Who will represent him in court in Oct. But but not at reach of bail arrested at the police station
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so, I've tried ringing his solicitor but there no answer

Hello. I am James a Criminal law solicitor and police station solicitor.

I will assist today.

To answer you question , can he be remanded?

The simple answer is yes. If he is on bail to attend court and has bail conditions imposed on him, if these conditions are breached repeatedly, then the court could remand in custody until the court hearing. However if this happened, there are strict time measures that would need to be followed.

It could be possible that the neighbors are taking advantage of their positions, it could be worth making a formal compliant to the police force.

Customer: replied 14 days ago.
time measures ?

If he is remanded in custody, the prosecution have specific custody time limits to work to.

However, a solicitor could also make a bail application to the magistrates, if that fails can then be made to a higher court.

Customer: replied 14 days ago.
my partner was once arrested for breach of bail for singing and playing music. it was actually me doing my downloads for work in the bedroom.
i personally have made a complaint against him. i received a letter saying
with reference to your complaint about the conduct of an officer from the force. i have formally recorded details.
all available evidence will be secure and preserved .... but it appears to be closely associated with proceedings that may be taken against your partner .... it is prat-ice in such circumstances to suspend investigations of the complaint until after the disposal of the proceedings

In the magistrates court the custody time limit is 56 days to trial.

Unfortunately, what they say is correct, normally an internal investigation would go on hold until any possible court hearing is over.

However, at court, the officers conduct and motive could be called into question for making complains.

Customer: replied 14 days ago.
back in Feb he wasn't allowed back home for days

If he comes home with silly police bail conditions etc, you must get his solicitor to make an urgent application to the court to apply for a variance in police bail conditions.

Customer: replied 14 days ago.
last time . April, my partner asked for his solicitor to represent him. only to find out when he was brought to the judge , his solicitor wasn't available, he had one to represent him
Customer: replied 14 days ago.
he had on one to represent him not even a duty solicitor
Customer: replied 14 days ago.
concerned he wont come home

if he has legal aid He should formally complain to the law firm and the Legal aid agency for the failure of the solicitor to attend, . If the solicitor could not make it, then they should have used an agent or counsel to attend. Not leave the client alone.

Customer: replied 14 days ago.
he was left alone

a complaint can also be made to the solicitors regulation authority regarding conduct of the solicitors failure to attend court or arrange suitable cover.

Customer: replied 14 days ago.
we found out after wards, when he came home and he rang the solicitors, his legal aid covers his for the october court date and for cross examining the neighbour in court...

As his partner you could call the custody centre he attended to get an up date. They won't discuss the matter with you, but can confirm if still there.

Right, If he is arrested for bail breach then that would require separate legal aid, or use the duty solicitor.

Customer: replied 14 days ago.
i cant tell him that now ..

He would be told his right to free legal aid every time he or anyone is taken to a police station. They automatically get told this and its free every time.

Customer: replied 14 days ago.
we have since asked the solicitor we will pay the solicitor to represent him fully .... but i cant get hold for him

I understand. The legal aid order can also be amended, solicitor can apply for change, should be no need to pay, the level of service should be the same.

Put your mind at ease and call station to see if he is still there.

I am here to assist anytime.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid Justanswer, I won’t be paid for my time from their website if there is no rating left for me

Customer: replied 14 days ago.
my partner will ask for said solicitor , instead of duty solicitor like last time and im worried he wont be told and have to turn up in court with no representative
Customer: replied 14 days ago.
i will ring now

There is always a solicitor available 24/7

Customer: replied 14 days ago.
they didnt give him one ...

He will be offered on that is recorded on record at the station both an paper and on video of custody centre. He can always say no, in which case the solicitor would not attend

Customer: replied 14 days ago.
he didn't say no he asked for the solicitor who is representing in oct ,the police didnt tel my partner he wouldn't be attending,
Customer: replied 14 days ago.
if i give you 5 stars now..... willi beable to talk to you again say tomorrow regarding this matter ?
Customer: replied 14 days ago.
if they had told him he wouldnt be arrending he would have had a duty solicitor
Customer: replied 14 days ago.
OK, but will i have to repeat everything to them

yes i am here to talk, question can be kept to me to carry on talking tomorrow.

Customer: replied 14 days ago.
thank you.

Anyone going to the police station to be interviewed either arrested or not can have the duty solicitor.

james bruce and 2 other Law Specialists are ready to help you
Customer: replied 13 days ago.
I rang the 101 and asked if my partner was still at the police station. I was told that they cant discuss information with me because of data protection reason & you as a solicitor should know that. I could be anyone.
Customer: replied 13 days ago.
She said it's up to my partner to nominate me to be updated & that he would have been asked when booked in. She said he must have declined so she cant tell me anything. I said
He wouldnt have declined. I just wanted to let him know that I cant get hold of his solicitor & to talk to the duty solicitor. She said she cant pass that information on ......