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Police Bail

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Police Bail

Postby Jinxer » Wed Mar 21, 2018 4:26 pm

I have often wondered what makes a person have to accept Police Bail when not charged with any offence. It's not so bad these day's with the time limit being 28 days but in the past it wasn't unheard of for someone being kept on Police Bail for 12 months or more with stringent conditions before being charged or NFA. What would stop someone from saying I don't want to be on bail either charge me or let me go. I do know someone who refused conditions in the past and they wasn't imposed, but what about refusing bail.
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Re: Police Bail

Postby dls » Thu Mar 22, 2018 1:58 pm

He is (from very very distant memory only) kept in custody for the magistrates, who are able to extend the custody time limits and grant bail themselves underno doubt not dissimilar conditions.
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Re: Police Bail

Postby shootist » Thu Mar 22, 2018 2:28 pm

dls wrote:He is (from very very distant memory only) kept in custody for the magistrates, who are able to extend the custody time limits and grant bail themselves underno doubt not dissimilar conditions.


I suspect that the magistrates might take note of the merit of the conditions sought by the police, and in particular the relevance to the offence charged. IIRC, the police would have to charge the suspect before he could go to court, but that may well have changed. I recall one particular case where a man was on police bail for an alleged mortgage fraud in Luton IIRC. He was bailed not to go into a particular location, I can't remember which now, a location that absolutely nothing whatever to do with the alleged offence in any way shape, form, or location. A clear abuse that any decent magistrate would have thrown out in an instant.
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Re: Police Bail

Postby Jinxer » Thu Mar 22, 2018 10:51 pm

What I'm talking about is Police Bail without any charge say whilst they are continuing their inquiries. In effect I don't see how they could keep you in custody to ask a Magistrate if you haven't been charged with an offence. What act covers Police Bail if you refused it. Is there a separate offence for refusing Police Bail.
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Re: Police Bail

Postby shootist » Fri Mar 23, 2018 8:06 am

Jinxer wrote:What I'm talking about is Police Bail without any charge say whilst they are continuing their inquiries. In effect I don't see how they could keep you in custody to ask a Magistrate if you haven't been charged with an offence. What act covers Police Bail if you refused it. Is there a separate offence for refusing Police Bail.


I am as confident as I can be that refusing police bail is not an offence. The police are often willing to do unacceptable things as long as they are not overseen by magistrates. I have heard of cases where someone has refused to sign police bail and has been arbitrarily booted out of the police station with a suggestion they don't leave town. I'd be interested in finding out the answer to this question.
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Re: Police Bail

Postby Rick Ape » Sat Mar 24, 2018 6:49 pm

Refusing bail is not an offence as it's impossible to refuse bail.

Pre-charge bail is imposed when there's insufficient evidence to charge so saying "charge me or let me go" is in fact bail.

In theory, I suppose it could be refused with a confession which would lead to being charged. But then post-charge bail could be imposed...
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Re: Police Bail

Postby shootist » Sat Mar 24, 2018 10:14 pm

Rick Ape wrote:Refusing bail is not an offence as it's impossible to refuse bail.

Pre-charge bail is imposed when there's insufficient evidence to charge so saying "charge me or let me go" is in fact bail.

In theory, I suppose it could be refused with a confession which would lead to being charged. But then post-charge bail could be imposed...


Problems might arise if the suspect responds to police bail by firstly refusing to sign anything, and secondly refusing to acknowledge bye word or deed that he is to be bailed.

For Rick Ape, it might be more important for any suspect to understand that the police may be willing to use torture to the point of causing the death of a prisoner for no other purpose than to achieve an administrative requirement.
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