If you have been accused of a sexual offence or domestic abuse and interviewed by the police then you are likely to have been released on pre- charge bail whilst the investigation continues.
Pre-charge bail is a set of conditions which are placed on a suspect who is under police investigation. Being on police bail means that you will be legally required to attend back at the police station on a specific date at a certain time, and you must comply with the conditions of your bail during the applicable period.
Being on pre-charge bail can be difficult, depending on your conditions you could be restricted from living at your family home, caring for your children, attending a particular location and/or carrying out your employment for significant period of time, the impact this can have on relationships and your wellbeing must not be underestimated.
It can often feel that you are being punished before there has even been any evidence established to prove that an offence has been committed. Knowing exactly what to expect during your period of police bail, and your rights whilst under police investigation is important. Our specialist team can assist you in navigating this incredibly difficult and frightening time.
Bail time limits can be confusing. Following a change to legislation in October 2022 the police can now bail a suspect initially for a period of 3 months to allow them to investigate the alleged offence, prior to October 2022 this time period was 28 days.
Should there be a further period of time required for the police to investigate then the 3 month period can be extended by a senior officer for a time period of up to 6 months in the first instance and then 9 months if required.
Further extensions must be authorised by a magistrates court by way of an application made by the police setting out the reasons why an extension is required.
The police must inform you or your solicitors of their intention to do this and give you an opportunity to respond to the application with any objections you have to the extension.
If we are acting for you we will ensure your bail is firstly lawful, the conditions are necessary and that any extensions are properly considered and opposed where possible.
Calendar Month | Pre Charge Bail Period |
---|---|
1 - 3 | Initial bail period authorised by the custody sergeant. |
4 - 6 | 1st bail extension - authorised by the police superintendent |
6-9 | 2nd bail extension - authorised by police superintendent |
9-12 | 3rd bail extension - authorised by the Magistrates Court |
12-15 | 4th bail extension - authorised by the magistrates court |
The most common bail conditions which we face when representing clients who are suspects in cases concerning indecent images of children, are the conditions that restrict their home life; their ability to live at their home, and have contact unsupervised with their own children.
We are experts in challenging restrictive conditions in such cases, advancing legal arguments to say prohibitions relating to contact during an investigation of a non-contact offence are neither necessary or proportionate, and we have a 100% success rate in achieving the removal of such conditions, in turn enabling families to continue their lives as normally as possible.
Not all suspects of a criminal offence will be released on bail, in some instances a suspect can be released from custody without bail conditions this is known as being released under investigation. It is important to be aware that although there is no bail, or conditions the accused is still under police investigation.
Pre-charge bail | Release under investigation (RUI) | |
---|---|---|
Authorisation | Must be authorised by a custody officer. | No authorisation required. |
Police monitoring | Suspects are required to report to the police. | Suspects may be asked to voluntarily attend further police interviews but are not required to. |
Conditions | The police can impose conditions on suspects as part of pre-charge bail that can restrict their movement and who they associate with. | No power to attach conditions. |
Time limits | Strict time limits. Pre-charge bail is initially set for three months. Police can internally authorise extensions of pre-charge bail for up to nine months. | No time limit. |
Court oversight | Court approval required to extend pre- charge bail beyond nine months. | No court oversight. |
At Eventum Legal we are not afraid to challenge external factors which impact our client's case. We therefore will seek to ensure that any bail conditions imposed are lawful, necessary, fair and ultimately allow our client to continue life as normally as possible whilst under investigation.
If you would like to discuss how bail is affecting you and your case and require an application to be made for the variation of bail then speak to one of our specialist lawyers who will guide you through the process and provide honest and realistic advice.
Manchester Office
82 King Street
Manchester
M2 4WQ
Widnes Office
Foundry House
Widnes
Cheshire
WA8 8UD
info@eventumlegal.co.uk
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