Can I contact someone with bail conditions?Asked by: Leif Emard IV | Last update: August 29, 2022
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What happens if someone breaches their bail conditions UK?
What happens if bail conditions are broken? A defendant who breaches their bail conditions will be brought back to court, where a judge or magistrates will decide whether to remand them in custody or release them again.
What happens if the victim violates a no contact order Canada?
If the contact continues, it could possibly be illegal and the victim making the contact could be charged with criminal harassment. A defendant that responds to unwanted communication from a victim can be charged with breaching the no contact order, whether he/ she responds to the communication directly or indirectly.
What happens if someone breaches their bail conditions NSW?
Failing to appear in accordance with a bail acknowledgment is a criminal offence. The maximum penalty for failing to appear is either the maximum penalty for the offence that you are on bail for, or 3 years imprisonment or a maximum fine of $3,300.00, whichever is the lesser penalty.
How do I get police bail conditions lifted UK?
Challenging police bail conditions
If the Magistrates' Court has reconsidered and you are still not happy with your bail conditions, you can apply to the Crown Court to request that certain conditions are changed. The conditions the Crown Court can change include: If you have been told where you must live while on bail.
Common Bail Conditions You May Need to Meet
What happens if the victim breaks bail conditions?
If you talk to, communicate, or contact any person(s) named in a no contact order, you can be arrested and charged with failing to comply with your recognizance . It will also by more difficult to get bail.
How long can police keep you on bail UK?
Understanding Police Bail
The initial bail period is 28 days but can be extended up to 3 months by a Superintendent. If the Police wish to have bail extended further this will have to be done through the Magistrates' Court. Whilst breaching police bail is not an offence in itself, it can lead to you being arrested.
Can bail conditions be lifted?
The terms of a release order can be changed in accordance with section 523(2) of the Criminal Code. Often, purposed bail conditions are accepted by an accused person simply so that they can be released from custody.
What is indirect contact bail conditions?
Where you are subject to bail with a condition not to contact someone (usually a witness in the case), this will generally include any indirect contact with that person. So any attempt to pass a message to that person, no matter what the subject matter, will be a breach of your bail.
Do police check bail address?
If you give a friend or family member's address as your bail address, the police will usually contact them to make sure that they are happy for you to stay there. If you have been arrested for an indictable offence, Section 32 of PACE determines that the police have the right to enter and search your home.
Can assault charges be dropped in Canada?
The simple answer for this is no. In Canada, the decision to withdraw or drop charges of domestic assault is up to the Crown prosecutor, not the complainant. The complainant cannot direct the police, Crown or Courts to withdraw or drop the charges.
What is a contact order?
Contact Orders make it a legal obligation that the primary carer allows either direct (visits, overnight stays etc.) or indirect (telephone, letters etc.) contact with a secondary carer. The Court will decide on whether direct or indirect contact is appropriate.
Does bail mean you have been charged?
Bail from a police station
You can be given bail at the police station after you've been charged. This means you'll be released from custody until your first court hearing. If you're given bail, you might have to agree to conditions like: living at a particular address.
Is there a power of entry for breach of bail?
Officers intending to arrest for breach of bail conditions, have no right under section 17 to enter premises. If they are invited into the premises this is permissible but they should seek the consent of a person entitled to grant entry and that consent should be obtained in writing.
Does bail count as time served UK?
(c)the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”). (2)Subject to [F6subsections (3A) and (3B)], the court must direct that the credit period is to count as time served by the offender as part of the sentence.
How do bail conditions work?
Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. Anyone providing a guarantee (or surety) may also have to enter into a recognisance.
How do you contact someone indirectly?
Indirect contact means asking a third party to contact you. For example, in a letter to your mom the woman says "Tell [poster] that I love/hate him." That is indirect contact.
What conditions can be attached to bail?
- Residence (living at a certain address.
- Doorstep condition.
- Curfew (having to be at the place they are living between certain times)
- Electronic monitoring (having to wear a tag – can only be imposed on those 12 or over for an imprisonable offence)
Can you be released on bail without being charged?
If you are released on bail or 'under investigation' it means that the police are not yet ready to make a charging decision on your case, but that the police investigation remains active and you are still a suspect.
How long are bail conditions?
28 days maximum for standard criminal cases
There are still provisions for the police to release suspects with bail conditions. The important difference is that the maximum period is 28 days unless extended by a “senior officer” of the rank of superintendent or above.
Can police vary bail conditions?
The prosecutor may apply to vary the conditions of bail, impose conditions on bail which had been granted unconditionally, or revoke bail. The prosecutor may only apply on the basis of information which was not available to the court or the police when the original decision was taken.
Can police read texts UK?
The police can read your text messages when they obtain your data through phone extraction. In addition, they can get an order from the court that will oblige your service provider to disclose a list of the times and dates that messages were sent and their recipients.
How long can police hold your phone?
If the police do find evidence on your phone, they will likely keep it until the conclusion of any trial that may take place – this can take months or even years depending on the circumstances.
Can bail be dropped?
Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date. This is so that the police can look over the evidence and decide whether or not to charge you.