Police Bail Extensions
Sexual offence allegations and allegations of domestic abuse often lead to lengthy police investigations with the accused being subject to police bail conditions for months, sometimes years, subsequently this impacts the health of the accused, their relationships and in most cases their work. There is also a wider impact on family, friends and sometimes children.
Understanding bail and what your rights are is important, as it can often be frustrating to have your bail repeatedly extended.
What Is Police Bail?
Police bail is given to a suspect of a criminal offence when they have been arrested and are being released from custody whilst the investigation continues, or before their court appearance. Police bail will consist of certain conditions the accused will have to abide by during the period they are released. In sexual offence and domestic abuse cases these conditions may include:
- Not to contact the complainant or prosecution witnesses
- Not to go to a certain area or within a specified distance of an area
- No unsupervised contact with children aged under 18
- To register electronic devices with police
- Surrendering your passport
- Curfew
- Regularly reporting to a police station
A suspect who is on police bail will be required to attend back at the police station on a date specified.
What Will The Police Be Doing Whilst I Am On Bail?
Whilst a suspect is on bail the police will be continuing with the investigation, this will include collecting evidence and following all reasonable lines of enquiry which could include speaking to witnesses, obtaining CCTV, carrying out forensic examinations of electronic devices, obtaining third party materials such as medical records, counselling records or Social Services and school reports where applicable.
The police have a duty to carry out all necessary and reasonable lines of enquiry, even those that may help the suspect, therefore it is important the police are able to thoroughly investigate such serious sexual and domestic abuse cases, as it can sometimes be in the interests of the accused. However, to ensure that the police are investigating fairly, and exploring lines of enquiry that may assist the accused, having a specialist lawyer involved in the pre-charge stage of the case can make a significant difference.
How Many Times Can The Police Extend My Bail?
When a suspect is released from custody for the first time, the maximum initial bail period that can be given at this stage is three months, and authorisation for this bail is given by a sergeant. However, in cases of sexual and domestic abuse, and the work involved this period is often extended.
Bail can be extended for the first time at the end of the first three months; this extension must be authorised by a police Inspector and can be extended for no more than three months.
At the end of the first extension the police can extend bail again for a further three months. On this occasion authorisation must be given by an officer of at least the rank of a Superintendent.
Therefore, the police have the power to keep you on bail for a maximum period of 9 months, at this stage all further extensions require an application to the Magistrates Court. The application form requires police to detail why exactly they require the extensions, what work has been completed and how long they anticipate needed to complete the necessary work. You can view the application form that the police must complete here.
When the police have completed the application form they must serve that on the accused or their lawyers, this enable any objections to be made before the Magistrates decide.
Can I Stop the Police From Extending My Bail?
Extensions of bail are frustrating and cause a huge detriment to the life of the accused. In all cases of sexual and domestic abuse the police must be seen to be carrying out the investigation expeditiously.
When an application is made by the police to the Magistrates Court they are required to explain what work has been carried out and the timeframe in which this has been done. They must also explain what further work is required and justify any delays that have occurred. Where the investigation is not being carried out expeditiously, and the police have no reason for the delay in their investigation, you may have grounds to challenge the extension.
Having a proactive lawyer involved at the pre-charge stage of a case can help to ensure this is happening, but consideration must be given to some aspects outside of anyone’s control such as the need for forensic examinations for which there are mounting back logs.
Do I Need a Lawyer To Challenge My Bail?
Navigating an application to vary bail or to challenge an extension can be complex, it requires a sound knowledge of the Police and Criminal Evidence Act, the powers of the police, understanding of the investigative process and on what grounds an application can be refused. Therefore, having a lawyer is advised in order to give you the best chance of challenging decisions regarding bail in your case. If your lawyer cannot remove bail completely there maybe areas of your bail conditions that can be varied which can ultimately achieve the desired result, such as being able to be with your children unsupervised, or to return to the family home – two common wishes for many of our clients.
Contact our team today to discuss your case, and how we can help you whilst you are under investigation.