The issue of bail following arrest can be of essential importance to a client’s case and often expert legal advice is required at a very early stage of proceedings in order that clients can receive correct and prompt advice with regard to bail and any conditions that have been imposed by police or the Magistrates’ Court and also in relation to applications that can be made to both the police and the court concerning the imposition of both bail and any conditions that are attached to it.
When clients are first arrested, if the police conclude following the initial interview that, at that stage, they have insufficient evidence to charge, they will often bail suspects for a period normally up to three months whilst they undertake further enquiries and/or require advice from the Crown Prosecution Service as to whether charges should be preferred or not.
When the police bail a suspect up to three months, this can be done either with or without conditions, depending on the offence that is being investigated.
At Lewis Nedas Law, we often receive enquiries from existing or potential clients concerning the imposition of bail with or without conditions and what can be done about it in terms of seeking to have bail conditions lifted or varied.
For expert advice on any of the matters discussed in this article, please contact our Criminal Defence Lawyers. Call Lewis Nedas on 020 7387 2032 or complete our online enquiry form today.
In the first instance, if the police have bailed a client with conditions for up to three months, we at Lewis Nedas can make representations upon taking instructions from the client to both the officer in the case and the custody officer regarding those conditions and why they should be lifted or varied. In some cases, reasonable investigators and/or custody sergeants are prepared to either vary or remove bail conditions on the basis that persuasive representations are made.
If a decision is made not to vary or remove bail conditions, then clients do have the option of making an application whilst police bail is ongoing to the Magistrates’ Court, when clients can instruct this firm to represent them at court and make oral submissions as to why the bail conditions that have been imposed should be removed or varied.
These applications can be made at any stage whilst the client is on police bail and pre-charge bail arrangements whilst the matter is being investigated by the police do allow the police either through the custody sergeant and inspector or a superintendent to extend bail for up to nine months without the court becoming involved at that stage.
If, after nine months, a decision has still not been made to charge with any offences, then if bail is to be extended, a court will need to extend. At that stage, a detailed application will need to be made by the police to the Magistrates’ Court, which has to be served on the client and, if represented, his legal advisors.
It is during the court stage of “police bail” that representations can be made to both the police and the court.
As for the nature and scope of those representations, this very much depends upon what you have been arrested for and what the police are investigating.
Clients should be aware that there are no legislative limits to Magistrates’ Court extensions, although extensions beyond eighteen months are extremely rare.
We, at Lewis Nedas, recognise that the imposition of bail conditions, in particular, can cause clients much concern and distress, particularly where conditions have been imposed for restricting access to individuals, including family members.
Contact our Expert Criminal Defence Lawyers
If you have been arrested and are subject to police bail conditions and need advice regarding applications to either the police or the court, then please contact Miles Herman or the criminal team at Lewis Nedas Law. Call us on 020 7387 2032 or alternatively complete our online enquiry form. We will be more than happy to assist and advise you as to the next steps.