Bail

[sqounk]

I'd be interested to know at what stage in the bail process people are, whether it's pre or post charge and how far down the line they are. I'm into my 3rd pre-charge bail 'period' and now at 4 and a half months. I'm probably still quite a newbie but it feels like I've been on pre charge bail forever.

[justanotherday]

Hi Squonk

Our ordeal started in May this year - bailed until August - rebailed until 1st November - rebailed until later this week when the police tell me they expect a decision from CPS - all pre charge so far but have a good legal aid solicitor in place just in case!!

8 months pre charge so far!

Hoe you're coping ok x

[sqounk]

Hi Squonk

rebailed until later this week when the police tell me they expect a decision from CPS - all pre charge so far but have a good legal aid solicitor in place just in case!!

8 months pre charge so far!

Hoe you're coping ok x

Hi JustAnotherDay

Yes - I'm fine, thanks. Got to be I guess. 8 months! Double my time on bail! I hope you too are coping - that cannot be easy. I hope the end of the week has the best resolution for you and your OH x

[farmer42]

13 months on pre charge bail and 9 months on bail after charge trial on 31st January 2017 they do like to drag things out.

[terrifieddad]

5 months pre charge, another 6 post charge. Trial starts a week on Monday (rape x3)

[experience3]

Few things.

Firstly good luck later this week

Secondly it is not unknown for people to be bailed after the CPS has made a decision - watch out for that.

Thirdly if you again get no answer this week, consider and talk to your solicitor about getting a Mags hearing to challenge your bail, it is unlikely the Mags will overturn your bail, however the CPS / Police will struggle to justify the amount of time you have spent on bail already and this might "help them make their minds up". It might be they charge you but that is better than being on bail another 6 months and then being charged.

[justanotherday]

Thanks, I had heard they bail after decision.

Solicitor just sent an email confirming time to meet my husband tomorrow, I asked if any news and she hasn't said.

Previously the OIC had contacted us to say that it would be rebail.

The lack of this has persuaded me he will be charged and our lives will be ripped apart even more.... let's hope i'm wrong :-(

[sqounk]

Thoughts are with you and your OH. If he is charged, it is not the end. We have all have to keep telling ourselves that. I am trying to see it (if it happens to me) as an opportunity to have my day in court and go in guns blazing; my side of the story will be heard and decided upon by people who have no vested interest in conviction rates. Keep yourself strong and be ready.

[Franticwithworry]

Thanks, I had heard they bail after decision.

Solicitor just sent an email confirming time to meet my husband tomorrow, I asked if any news and she hasn't said.

Previously the OIC had contacted us to say that it would be rebail.

The lack of this has persuaded me he will be charged and our lives will be ripped apart even more.... let's hope i'm wrong :-(

Very best wishes for today. I hope that you're wrong too.

[terrifieddad]

Thanks, I had heard they bail after decision.

Solicitor just sent an email confirming time to meet my husband tomorrow, I asked if any news and she hasn't said.

Previously the OIC had contacted us to say that it would be rebail.

The lack of this has persuaded me he will be charged and our lives will be ripped apart even more.... let's hope i'm wrong :-(

It would certainly fit my experience that no rebail before the bail date means that a charge will follow. However, just reading this forum tells me that this is not always the case, with some members even turning up to the police station only to be told that someone forgot to tell them that their bail was being extended! So it isn't cut and dried.

If your fears are confirmed and he is charged, here is some advice based on my own experience:

Firstly, it may not be a surprise, but it will still be a shock to the system. I almost fainted. This, along with my depression was deemed sufficient excuse for the police to hold me in custody rather than bail me to appear at the magistrates at a later date. This is a common tactic in some police areas as it is the last chance for them to get an admission of guilt before it's out of their hands. Be prepared for this, though I imagine it is less likely if a solicitor is present.

The next thing is, whilst it is a shock, it is no worse than the initial arrest and it does get better.

There are several positives about being charged.
1. You now get to find out exactly what you are up against. This has it's own pros and cons, but a lot of the guessing can now end.
2. Speaking of guessing, there is now an end in sight. He will appear at the magistrates within a few weeks. If it is an indictable only offence (rape or serious sexual assault), the magistrates will only transfer it to the Crown Court for a hearing to take place within another 2-4 weeks. For lower level offences, they may set a trial date in the magistrates court, but even either way offences are often transferred to the Crown.
3. A Crown Court trial usually takes place around 6 months after the first hearing. You will have plenty of time to go through all the key evidence and mount a defence. Use this time wisely and find every minute inconsistency in the prosecution evidence. Remember most such trials hinge on the credibility and reliability of the two key witnesses, the complainant and the defendant.
4. Take heart that it is highly unlikely that the CPS has actually read all the evidence presented to it. The standard evidence test seems to be to read the police report and look at the list of supporting evidence. From personal experience, I know that had the CPS actually read the evidence, the charges would have been changed to reflect material facts confirmed by both parties.
5. Perhaps most importantly, a charge means it can now go only one of two ways. An "NFA" is now out of the question. Now it can only result in a conviction or an acquittal. On average, for those cases that make it to trial, the result is a 50/50 chance. Please remember that these convictions include many cases involving other violence, serial offenders with multiple victims and other cases where it can safely be assumed that the victim could not have consented (asleep or unconscious). I know proving a negative is very hard to do, but thankfully the CPS is still required to prove it's case for a conviction to follow, though standards seem to be slipping on that score. Once acquitted, the case can never be revisited without compelling evidence that would be enough to convict on its own.

In conclusion, being charged isn't the negative it first appears to be, especially given current police and CPS guidance on evidence requirements which does not match those of the courts. From what I can gather, a not guilty verdict in court is actually better than NFA. No further action seems to mean that there just isn't enough evidence yet. Whilst in reality, most not guilty verdicts are arrived at thanks to the CPS being unable to sufficiently prove its case, the public perception and legal status of such a verdict is that it means just that - not guilty.

[determinedmum]

Terrified Dad - thanks so much for your post above, it's been very useful. We are at the magistrates hearing with 18-year old son next week, and it's difficult to see the positives at this stage. But as you say, at least we are on the road to a proper resolution one way or another. And I hope we will have sight of the prosecution evidence soon, as we really don't know what we're up against until this is fully disclosed and we can begin to address this false allegation properly.

[Lilyput]

14 months this Sunday hubby attended a Voluntarily attendance interview so not on bail though.

[experience3]

In conclusion, being charged isn't the negative it first appears to be, especially given current police and CPS guidance on evidence requirements which does not match those of the courts. From what I can gather, a not guilty verdict in court is actually better than NFA. No further action seems to mean that there just isn't enough evidence yet. Whilst in reality, most not guilty verdicts are arrived at thanks to the CPS being unable to sufficiently prove its case, the public perception and legal status of such a verdict is that it means just that - not guilty.

You make an excellent point terrifieddad

As you say being charged is not necessarily a negative in fact it seems to me a positive in many ways.

One of the reasons that the police get away with so many libertys when it comes to outrageous bail lengths and conditions is that (quite understandably) people are concerned with being charged. However, the fact is that "keeping quiet/not rocking the boat" has no positive impact on their decision to charge or not. Therefore if at all possible (at least to my mind) if a charge can be brought quickly that is not actually the end of the world. The worst "result" is to be on bail for 2 years and then get charged.

The second worst result is not to be on bail and the police "forgetting" to tell you that the case has been NFA'd in many ways.

[justanotherday]

Excellent advice, I am in agreement with you - its not all bad and now it's time to fight!

[inneed]

You make an excellent point terrifieddad


The second worst result is not to be on bail and the police "forgetting" to tell you that the case has been NFA'd in many ways.

Hello,

Please do understand im neu here, so if you find I am doing wrong, then do please tell me

I was searching for advice on here when I found the possibility of the second worst result not being told NFA

Here is my dilemma.

I have been falsely accused of rape and it was reported to police.

I was arrested and pre-charge conditionally bailed, first for 6 weeks.

This was then replaced by a 4 week bail

Then I got a 8 week bail

Next was a 16 week bail

Followed by a 5 week bail

Along came a 12 week bail

And here is the big issue; the next bail notice arrived so wet that 75% of it was unreadable. My helpful solicitor wrote a letter to the investigation officer explaining this and asking for confirmation of the BTR date and reason for bail being extended.

That was 9 months ago and still nothing more has been heard by the solicitor or me!

Strange because I know that 6 months ago they were still doing investigations cause a friend of mine had a visit from the police asking things about me.

Am I on bail or not, if I am then I do not know until when. If I am not, then am I automatically NFA'ed?

If bail date has passed what is the legal position? I have seen some raise that police can only rearrest if new evidence comes to light (which I cannot rule out more false evidence being fabricated), but hoping it will not of course.

No one from the police has tried to contact me to say why have you not attend the police at your BTR date.

Please, please can someone here point me in the direction of some legislation, code of practice, or case law that applies to persons like me who have seemingly dropped off the pre-charge bail radar.

Thank you anyone who has anything to offer on what perhaps is the third worst place to be.