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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4821
Experience:  Owner at James Bruce Solicitors
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I have been on bail for over a year on electronic curfew and

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I have been on bail for over a year on electronic curfew and not allowed to stay at my address or enter the m25 except for work purposes. So i have a bail variation hearing coming up in 3 days. I would like to be able to live back in london as i have a child and have never lived anywhere else. I would also like to come off tag or for at least a period to go on holiday. I have not been found guilty of committing an offence yet treated harshly. I also put up £10,000 surety on what grounds may I get a variation

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Would this be your first bail variation application?

Is it Magistrates or crown court bail conditions?

Customer: replied 21 days ago.
Previously had a change of address a month after release. 13 months ago nothing since then
Customer: replied 21 days ago.
Crown court bail conditons but i have no solicitor at present.

As it is Crown court bail, you application to amend the bails conditions must be based on new grounds not previously put forward to the court.

I assume you were on remand before, if so, what conditions were offered to gain your release?

Customer: replied 21 days ago.
163;10,000 surety. To not enter the m25 to be on electronic curfew
Customer: replied 21 days ago.
I got a job and then had the variation to enter the m25 for work purposes only
Customer: replied 21 days ago.
Since then ive been arrested by police while filling my car up with petrol in london after a days work. Amongst other false charges that didnt stick

Apart from the delay in your case coming to court, what has changed to warrant a bail variation?

Also what is the offence you await trial for?

Customer: replied 21 days ago.
I have been living in a three year olds bedroom which has severly affected my mental health i am no longer permitted to stay there i have contacted the council and registered as homeless . Also the cost of me getting to london to work is more than what i earn but it keeps me productive and not mentally wasting away. Also in terms of further police investigation. There is actually no evidence (forensically or technology wise despite forensic analysis) which should further prove my innocence
Customer: replied 21 days ago.
After a year of investigation they have only the eye witness account of a police officer who has written four statements contradictory to each before. Who even describes a different nominal in a complete different outfit and description
Customer: replied 21 days ago.
lack of evidence. Change in circumstances. I also had a child this month

The police investigation point is not relevant to a bail application. That is evidential and will be decided at trial.

The change in accommodation. Is a relevant point. The cost of travel not so much, as you did ask for that condition to be removed in the first place.

Unless the CPS drop the case, a judge will not entertain your bail application based on your comments about the police, they are not relevant to your bail application.

Your application should be based on the change in accommodation or now lack of it, you should obtain written proof of that to take with you.

Also the length of time currently spent on remand then tag as an unconvicted person, with no sign of a trial date.

You could also ask to reduce the are of London where you cannot go this could allow to to move back to your home address.

Customer: replied 21 days ago.
on what grounds would the cps drop the case, also if i wanted to have a period off tag, what grounds would that be possible?.also i asked for the m25 restriction to be removed to avoid hardship so i could earn a living as there was only one job i could get due to a limited work experience

I don’t know the offence, or what evidence cps may have , so cannot advice on that, it would be a pure guess.

likewise regarding coming off tag. Not knowing the offence it is difficult to say.
Offence I would imaging was serious if you were remanded to start with.

The judge is not going to remove conditional s simply because you want them removed, if you go in on the tact, the judge is just as likely to offer you the option on conditions as they are, or go back on remand.

Your main way to put the case as I have explained is to put forward no address, and the hardship on excess travel due to the time it is taking to get to trial.

Customer: replied 21 days ago.
pwits class a. Evidence is .officer witness statement,
bad character reference (previous conviction 7 years ago) no dna forensic evidence. No body cam footage. no phone data/evidence or paraphernalia or significant cash or anything incriminating on me or at address. i was chased into a alleyway and they found drugs nearby in a adjacent rooftop terrace.

Not the most overwhelming of evidence , but still sufficient to put it to a jury.

Therefore you need to concentrate on the bail matters as explained.

Can I assist or clarify anything further?

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 20 days ago.
Bearing in mind i have no solicitor to represent me during the matter how would you advise i lay this is out

You would be wise to seek a solicitor or barrister to represent you.

The advice I can give here is only general advice that others can also use, not personal 121 advice for your case.

That said, I have already explained what you should or should not include in your new application.
A renewed application must be based on new grounds, not simply waisting court time repeating what has already been put to the court.

Youmtalk of losing your address, so that is a very sound reason. To change conditions, although the court could say you need to find a new address within the bail conditions area, you can also argue the length of time going to trial and being held on tag and away from your own address indefinitely.

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