Can police bail conditions be changed?

Asked by: Ilene Streich II  |  Last update: June 27, 2022
Score: 4.7/5 (71 votes)

How Can Bail Conditions Be Changed? Essentially, there are two ways bail conditions can be changed. One is by filing a motion with the court to have the terms reconsidered. When you file a motion for modification, you must tell the court what conditions you specifically want changed and why you want them changed.

Can police bail conditions be changed UK?

Officers can arrest individuals for a breach, and then charge the suspect with the original offence or release them with or without charge, either on bail or without bail. If they are released on bail, conditions set for the original bail can be re-applied.

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.

How do I change my bail conditions 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.

Who can apply to vary bail conditions?

(1) If the defendant has been granted bail by a District Court, the court may, on the application of the defendant or the prosecutor, make an order varying or revoking any condition of bail or substituting or imposing any other condition of bail.

POLICE BAIL or RELEASED UNDER INVESTIGATION - Two top criminal lawyers answer viewers questions

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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.

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.

What happens when police bail ends UK?

What happens if I break the conditions set out to me in my court bail? If you break any of the conditions set out in your court bail, you may be arrested and brought before a magistrates' court. You may be charged under the Bail Act 1976 and could be remanded in custody until your trial begins.

What happens if you break police 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.

How long can you be kept on bail without charge?

28 days maximum for standard criminal cases

The important difference is that the maximum period is 28 days unless extended by a “senior officer” of the rank of superintendent or above.

What happens when bail conditions end?

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.

Can bail be extended after 3 months?

An extension of initial bail by the custody office to 3 months; An extension of bail to 6 months can be granted by an officer of the rank of Inspector; A Superintendent can extend bail to 9 months; After the 9 months point, extensions can then be made by the Magistrates Court.

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.

Can you go to jail for breaching bail conditions?

Breaking bail conditions is not a crime itself but you can be arrested.

What powers do the police have to grant bail?

-Police may release a suspect on bail whilst they make further enquiries, "bailed to return". -The suspect may be released on condition he/she returns on a specific date. - Police may give bail to a suspect charges with an offence and they must appear at the local Magistrates' Court at an agreed date and time.

How long can the police keep your phone UK?

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.

How do the police decide to charge?

The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.

What happens when you return to police station after bail?

I HAVE BEEN BAILED TO RETURN TO THE POLICE STATION

This police bail will usually involve the imposition of bail conditions. If you fail to return to the Police Station on the bail date you will commit a criminal offence which can be punishable by imprisonment.

What are normal bail conditions?

The standard conditions of any Bail Order state that an accused person must: Turn up at court on each date the case is assigned to call. Not interfere with any witness or obstruct proper conduct of the case. Not commit any further offence while subject to the bail order.

On what grounds can bail be refused?

danger of accused absconding or fleeing if released on bail. character, behaviour, means, position and standing of the accused. likelihood of the offence being repeated. reasonable apprehension of the witnesses being tampered with, and.

How do you oppose a bail application?

6 ways to ensure you never get bail
  1. Give a false name. Nothing screams you have something to hide like giving a false name. ...
  2. Give a false address. ...
  3. Try to run or hide away. ...
  4. Make the process difficult for the police. ...
  5. Threaten the police or witnesses. ...
  6. Hide away evidence or obstruct investigation.

What is the next step after bail?

You have to wait for the summons to be received from court which will happen after the police is submitting the charge sheet before court. The complainant need not go to court. After bail your mother have to appear for every hearing of court other wise court will again issue Non bailable warrant against her.

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.

How do you impress a judge in court?

Be clean.
  1. Be clean. It is important to wear neat and clean clothes when you are going to court. ...
  2. Stand when the judge enters the room. ...
  3. Address the judge as 'Your Honor. ...
  4. Be audible. ...
  5. Use proper language and speak in complete sentences. ...
  6. Prepare before every hearing. ...
  7. Be polite and respectful. ...
  8. Be punctual.

How long can a police investigation last?

In a routine or less serious case you should expect to hear form the police within 2 to 3 months but in more complicated cases where the police need to obtain statements, forensic evidence, CCTV or expert reports to prosecute you then this could take several months.