Hi i was wondering about bail conditions. Why have some of us got them and some of us not. Surely all involved should be told not to go near the so called victim to prevent further offences!
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bail and conditions
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This is difficult and a question I asked myself when my son was arrested. He had no conditions set - not even to not contact the accuser. He was NFA'd this morning. I have always held on to the hope that 'no conditions' sort of meant that the police believed him more than the accuser - naive, I know!
allatsea
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As a victim perhaps I can shed a bit of light from the otherside...I was obviously very frightened about chance encounters with my attacker, I had waited a long time because I was scared (amongst many other reasons) of retaliation and I had not had any contact since the morning after the attack. Therefore it was obvious that him not having contact was 100% necessary for both my physical and mental protection. The only other condition was for him to stay away from an area I frequented in order to make the first condition (no contact) likely and to protect me as I was very emotionally vulnerable. The policed asked me if I was frightened of him coming into my area but in my case I was not because he did not know where I lived and I felt if this condition was imposed it would mean he knew I lived in that area. I suppose it is also interesting why some people are remanded and others aren't. In my case they asked for him to be remanded because they believed he would break the conditions and abscond but it was refused and guess what he did....broke the conditions (to buy drugs!) and went missing!
As you can see the condition of staying out of an area I did not live in but being allowed in an area I did may seem a bit random at first but the police really wanted me to go through the whole process to crown court and these were the things that would most help me. That is just my experience but I suspect police do take the victim's (or "victim's") opinions and fears into account.
I suppose the risk of reoffending is something they consider. If it is a single incident, there has been no further contact, there is no history of other crimes or intimidating witnesses etc maybe there are less likely to be bail conditions. Just a thought, I have no evidence to back that up."I dreamt I went to the doctor's and she gave me eight minutes to live. I'd been sitting in the f**king waiting room half an hour." Sarah Kane (4.48 Psychosis)
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perhaps i may be able to shed some light, bail conditions are normally imposed by the judge at court. The CPS opposed bail and wanted my son to be remanded in jail until trial, the judge decided that he should stay at his aunts in hants until the trial and could only enter the county with the courts permission. CPS wanted a curfew and him to be tagged.
The judge said no as he pointed out that my son had lost his job because of the arrest and could not drive so it would be difficult for him to get back to the county. The conditions seem to vary according to the judge.
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