Preliminary Hearing...

[lostpleasehelp]

Hi,

Can anyone who has been through the process of (may i add a false) allegation shed any light on what happens at a preliminary hearing? If the person has been remanded in custody is it possible they can be granted bail or is it unlikely? Can anybody who has been through this tell me what happens and their experiences? Just trying to get my head around it all.

Many Thanks

[Rights Fighter]

The barrister would need to make an application for bail to the judge - but that is not to say that this would succeed.

It would depend on why the accused was remanded into custody and what the risks are for him to abscond, for instance, or to risk of him interfering with witnesses.

[lostpleasehelp]

Yeah think he is making an application, he was on bail for months then when charged they decided to put him on remand even though he complied with everything that was asked. When bail was refused after charge barrister was really angry on the grounds why it was, so believe he is trying again but as its been unsuccessful once we don't hold out much hope with this system. To be honest I don't really understand how the whole justice system works, suppose like everyone else supporting someone going through this hell just have to keep strong for him and hope for the best...

Thanks xx

[Rights Fighter]

It might help if the accused writes a personal letter to the judge asking for bail and saying that he will agree to ANY and EVERY condition imposed. He can send the letter to the solicitor Rule 39 (he will know what that is) and ask the barrister to give it to the judge at the hearing.

There may be something your friend is not telling you as it is quite unusual for somebody to be remanded these days without some reason.