@bluebell again

by Jinxer Mon Sep 04, 2017 3:09 am

Bluebell I have a scenario I think with your law degree could help.
I get arrested for something say stealing a clamp that a bailiff said he put on my car. I do a silent interview where I don't answer questions or I even just deny touching the clamp saying it wasn't me who removed it.
The officer then concludes the interview and wants to bail me with conditions for a month or two to do further inquiries. Me being me says no I don't want to have bail either charge me or let me go free.
What happens next. Considering that's all they have to go on.

by Jinxer Tue Sep 05, 2017 2:25 pm

Now bluebell is no more can anyone else offer any input on the above scenario.
The main bit I'm looking at is the refusal to accept Police bail when they haven't charged you with an offence and any consequences in doing so. I mean they couldn't remand you in custody could they not without charging you and if they could charge you they would of already done it.

by **Society of the Spectacle** Tue Sep 05, 2017 2:41 pm

Is this a work of Fiction ?

Or if it is factual,
are any of the participants Ex Military or Free masons ?

( John Harris himself warned people about this Info ,
and NOT to pproach the first Copper you meet with an "Attitude".)

by Tiggy Tue Sep 05, 2017 2:48 pm

If you refused Police bail, they then have a number of options:

Charge and release you;
Charge and remand you;
Release you without charge, but there's nothing to stop you being rearrested and charged at a later date.

Bail with conditions is mainly to prevent interference with potential witnesses and to protect any alleged victims.

by Jinxer Tue Sep 05, 2017 3:07 pm

Society of the Spectacle wrote:Is this a work of Fiction ?

Or if it is factual,
are any of the participants Ex Military or Free masons ?

( John Harris himself warned people about this Info ,
and NOT to pproach the first Copper you meet with an "Attitude".)

Sorry I didn't manage to comprehend anything of what you wrote.
The question I suppose I'm asking is if you refuse Police Bail without being charged for an offence, what would the consequences be.
ie could they then charge you with refusing bail or something like that.
I know people who were held on Police Bail for months only for no further action to be taken or even to then charge them with a bullcrap charge that got dismissed in court.

by Jinxer Tue Sep 05, 2017 3:10 pm

Tiggy wrote:If you refused Police bail, they then have a number of options:

Charge and release you;
Charge and remand you;
Release you without charge, but there's nothing to stop you being rearrested and charged at a later date.

Bail with conditions is mainly to prevent interference with potential witnesses and to protect any alleged victims.

Thank you Tiggy that's very helpful and is exactly how I perceive it to be.
I can't find anywhere where it could be a separate offence of refusing Police Bail.

by Tiggy Tue Sep 05, 2017 3:56 pm

I don't think there is (stand to be corrected though), there's a number of offences for failing to meet bail conditions / refusing to surrender to the bailed to date, but not for refusing to accept bail.

by Jinxer Tue Sep 05, 2017 5:44 pm

Yes that's the same as I have found. I also can't find nothing for breaching Police Bail conditions if you do accept them apart from the Police being able to arrest you and Bail you again, but no separate charge.
This doesn't apply to Magistrates Court Bail or for Police Bail after you have been charged. But certainly a good point to consider if the Police want to bail you without charging you.

by Guest Wed Sep 06, 2017 6:11 pm

Hi guys

Jinxer - as you've set it out, someone has caused loss. Ask yourself has that loss been caused to another man, or is it a person? If it's a person - don't give joinder (claim or give a legal name, d.o.b. and address).

No joinder = no contract = no case = no estate to plunder.

No 'name' to attach bail conditions to, no evidence it was you - can't see them holding on to a real live man for too long without an indictment (can only 'charge' a 'person').

If there's no money in it for them, and it's gonna cost them money, they lose incentive.

Also if you do a silent interview make sure you state for the record you are now exercising your right to silence - AND SHUT UP! As soon as you say something after that you waive the right to silence you just claimed and they can use that in itself against you.

Deny nothing! Instead ask if they have evidence or witnesses (obviously before invoking right to silence).

Good luck (if it ever happens.....)

Cheers!

by Jinxer Wed Sep 06, 2017 6:46 pm

Criminal Law is something that I enjoyed looking at over the years. I don't look at it as whether someone is guilty or not I look at what can be proved or not. I've helped quite a few friends and family to not get convictions for things that they might or might not have done.
Bail is something the Police can use against someone who they think has done wrong but can't prove they have. I had a friend who was kept on bail for just over a year with conditions that made it hard for him. Don't get me wrong he had done wrong and put his hands up straight away and accepted he was going to be punished, but the Police kept him on bail when they could of charged him straight away and it be done and dealt with instead of it hanging over his head for so long.

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