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  • pre-charge bail time limit?

    Hi,

    My OH has been falsely accused of sexual assault last December while he was asleep. He hasn't been charged and his original bail date in February and rebail date is coming up this month... I've been reading stories here where people are rebailed for many months leading to over a year.

    I'm not from the UK (but he is and he's living there) so pardon my ignorance about how things are done, but does this apply to my OH: https://www.gov.uk/government/news/h...or-police-bail

    My understanding is that a rebail cannot be longer than 3 months, but I don't see any clauses saying how many times a person can be rebailed, i.e. can one be rebailed for the maximum 3 months, then another rebail and so on with the time limit resetting itself with each rebail, or is 3 months the maximum they can hold you past your original bail date until they have to make a decision to charge, NFA or pass it on to CPS?

    Similarly, is anyone in a pre-charge bail position with a situation that happened after the reforms were passed? What's been your experience so far with the wait time?

  • #2
    Originally posted by leftbehind View Post
    Hi,

    My OH has been falsely accused of sexual assault last December while he was asleep. He hasn't been charged and his original bail date in February and rebail date is coming up this month... I've been reading stories here where people are rebailed for many months leading to over a year.

    I'm not from the UK (but he is and he's living there) so pardon my ignorance about how things are done, but does this apply to my OH: https://www.gov.uk/government/news/h...or-police-bail

    My understanding is that a rebail cannot be longer than 3 months, but I don't see any clauses saying how many times a person can be rebailed, i.e. can one be rebailed for the maximum 3 months, then another rebail and so on with the time limit resetting itself with each rebail, or is 3 months the maximum they can hold you past your original bail date until they have to make a decision to charge, NFA or pass it on to CPS?

    Similarly, is anyone in a pre-charge bail position with a situation that happened after the reforms were passed? What's been your experience so far with the wait time?
    Hi there, I'm so sorry that you find yourself here. As far as I am aware, there is a plan to bring legislation before parliament in this sitting (before 2020) to restrict the number of times a person can be re-bailed, but so far, there is no restriction and people can be rebailed many times before their case is decided. Only a small percentage of cases go over a year, but that's no comfort if you are one of that small number.

    It doesn't help that so many people, including the police, seem to think that police bail doesn't amount to much. It can mean people can't live in their own home (so makes them homeless), can't see or contact their minor children (breaks up families), can't travel (they have to hand in their passport), can't take a holiday or visit anywhere even overnight (they have to stay at a particular address), the list goes on and on and the strain is awful.

    I saw on another thread that your OH is not doing well at the moment, and it must be terrible for you if you are not even in the country. Is that just temporary?

    I'm sure if I've got things wrong regarding bail, someone, like Rights Fighter or Casehardened, with greater knowledge will come along and correct me shortly.
    'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

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    • #3
      pre-charge has abused my own children

      Originally posted by Franticwithworry View Post
      It doesn't help that so many people, including the police, seem to think that police bail doesn't amount to much. It can mean people can't live in their own home (so makes them homeless), can't see or contact their minor children (breaks up families), can't travel (they have to hand in their passport), can't take a holiday or visit anywhere even overnight (they have to stay at a particular address), the list goes on and on and the strain is awful.
      This is exactly my experience. I have been on PCB for 7 months, during which time the police have slammed the draconian conditions of preventing me living in my own home or having unsupervised access to my children aged 9 and 11. It was long ago obvious (or should have been) that my offences did not in any way relate to them. My wife could assure them, and my children themselves were quite clearly ok with me and happy. This is therefore in effect a judgement of 'pre-crime' (future crime) on their behalf without any genuine foundation besides the association that, because I had an interest in child porn, I 'might' go on to abuse my own children. It is an unacceptable and barbaric practise, steeped in the superstition of a witch hunt. To allow for the slowness of the hi-tec unit in examining my computer, I and my family have had to suffer this. I confessed guilt on day 3 to possessing indecent images, yet this did me no good and did not speed up the process at all. In any case, despite developing much remorse for my offences, I have been so badly traumatized and in grief for my family situation that I feel the wrong done me and my family completely outweighs the public interest (so-called) of prosecuting my relatively low-level offence. Put another way, one could say the authorities are the bigger child abusers. In fact, the authorities ARE the bigger child abusers. The indecent image crusade is out of control, and the practice of pre-charge bail encapsulates this.

      Comment


      • #4
        Englishalpinist:

        This forum is for people falsely accused. You weren't falsely accused, you are not part of this group.

        Accept your punishment and all the accompanying restrictions and difficulties it puts on your life. You need help and children need protecting.

        Comment


        • #5
          falsely suspected

          Originally posted by Shocked777 View Post
          Englishalpinist:

          This forum is for people falsely accused. You weren't falsely accused, you are not part of this group.

          Accept your punishment and all the accompanying restrictions and difficulties it puts on your life. You need help and children need protecting.
          Not falsely accused maybe, but very falsely suspected (of contact abuse where there was none). Children need protected of course, but MINE do not - except from the social services and the pre-charge bail conditions. Things are not black and white, there are shades of guilt and injustice. Let's hope everybody in this forum who says they were falsely accused indeed were. Time will tell. It seems their accusations are on a far more serious level than mine. And the only 'help' I need is for the process to get a move on, to be allowed to love my children and rebuild my life thank you.After 7 months I've done enough remorse to last a lifetime, so do not be so quick to judge. Judge yourself instead. All I did was look at a computer screen ffs.
          Last edited by englishalpinist; 23 August 2016, 01:30 AM. Reason: to add information

          Comment


          • #6
            Wow. Is this a troll or are you for real?

            You may or may not be a risk to children (including your own) but the police have a duty to protect them given the offence you have committed. You seem to care greatly about the well-being of your children but not one iota for the well being of the children abused in the photos you downloaded. Your attitude is abhorrent.

            You seem to be blaming the police. You have young children yet decided to look at child porn? You knew that was a crime, you knew the risks. You lost. You deserve everything that is happening to you.

            Can we delete his posts and remove him? The more I read them the more angry they make me.

            Comment


            • #7
              Originally posted by Shocked777 View Post

              Can we delete his posts and remove him? The more I read them the more angry they make me.
              The easy option for me is to do this but is this fair; EA is not excusing his admitted offence nor asking for support but making a point about length of bail*

              I don't like banning folks but I don't want controversy building to the extent where valued members leave the forum, so it might be better to let this thread die.....or I could lock it!

              *no decision about how to take the case forward can be made until the level of the viewed images is determined which is why the hard drive has to be examined and stringent bail conditions have to be set.
              'What doesn't kill you makes you stronger'

              Comment


              • #8
                For what it's worth, I want him off here.
                He has an interest in child porn????
                His children may be "loved" by him but someone else's children are at risk from him "loving" them.
                This could be my child!!
                He's making a point about bail, and he is right.
                But he's obviously a risk to anyone else's children and I personally want nothing to do with him.
                If we had a vote to keep him here I bet my mortgage he will be gone in a heartbeat!
                Perhaps we should keep the forum from being tainted by not welcoming those with a tendency to serious criminal behaviour?
                YoH

                Comment


                • #9
                  All you did are you serious? Really cross right now if you new the amount of lives ruined by false allegations 😢 youve actually comitted a crime my husband hasn't and life as we know it has been a blitterated.
                  Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

                  Comment


                  • #10
                    Faced with such a united front (and that is before RF appears ) I have reluctantly banned EA for a period of time.

                    Why reluctantly?....we don't know the level of his offence as the goalposts have been moved in this field as well to include anyone up to the age of 18; he may well be justified in claiming that there is no necessity for the bail conditions to include an alternative address especially as his wife is happy for him to remain.
                    'What doesn't kill you makes you stronger'

                    Comment


                    • #11
                      All forums work better with a challenge. The balance of a moderator is to ensure that challenge is positive.

                      Re EA. You Sir would be the soft & gentle end of a spectrum of behaviours that lead to intense suffering for the subject & the "peoples lottery winners" who get caught up on laws designed to protect, yet the unscrupulous choose to use to break up family from outside or in my case, within.

                      Whilst I cannot say my situation is down to you. I can say that the legal constructs to control behaviour such as yours is crude, arbitrary and hits innocent & guilty alike. You therefore represent behaviours that are not appropriate. I for one had my computers seized, damaged & returned to me just because 85% IIRC of individuals with indecent images then go on to commit CSA. So I do have you to vicariously "thank" (in part) for my situation.

                      We can all learn betters ways. I hope.

                      Mr B

                      Comment


                      • #12
                        Unfortunately, it's sometimes difficult for people to understand that viewing images is the 'thin end of the wedge', and they ask 'what's the big deal?'

                        The big deal is that someone took those images and that viewing them, at the very least completes, continues and exacerbates that circle.

                        I understand that this man feels hard done by in the length of time that it is taking to process the evidence and his case, but quite honestly, he is complaining to the wrong group. His post gives the impression, to me at least, that he feels that he hasn't done anything 'that bad', and his remorse therefore seems misplaced, like a child's who is shouting, 'I'm sorry, I'm sorry, I'm sorry!!!', in the hope that the punishment for some minor misdeed will be lessened. His complaint that the police treatment of the whole indecent images is a witchunt, also implies that he thinks the issue is 'no big deal'. I truly wish they could all be wiped from the web.

                        'I said I'm sorry, what more do you want?' 'All I did was look at a computer screen' as if it's nothing much, is what he's saying - and then he casts doubt on whether or not people on this forum are truly falsely accused.

                        Much as he was making valid points about police bail, that was not the way to win friends and influence people. I feel tainted by the fact that he used part of my comment as a quote, which is silly I know, but there we are.

                        I hope that if he comes back after a short ban, he will look at this thread again and understand why people are upset and angry.
                        'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

                        Comment


                        • #13
                          Originally posted by englishalpinist View Post
                          Not falsely accused maybe, but very falsely suspected (of contact abuse where there was none). Children need protected of course, but MINE do not - except from the social services and the pre-charge bail conditions. Things are not black and white, there are shades of guilt and injustice. Let's hope everybody in this forum who says they were falsely accused indeed were. Time will tell. It seems their accusations are on a far more serious level than mine. And the only 'help' I need is for the process to get a move on, to be allowed to love my children and rebuild my life thank you.After 7 months I've done enough remorse to last a lifetime, so do not be so quick to judge.

                          Judge yourself instead.

                          All I did was look at a computer screen ffs.

                          Disgusting cretin. Does he not realise that for every real photograph and video of child abuse, a child is ABUSED and therefore tortured, the consequences of which could haunt them for the rest of their lives?

                          Child pornography (wrong name for it as it is not porn but abuse) is not a victimless crime. There are thousands upon thousands of real victims who have been placed in front of a camera for the gratification of sickos like this poster.

                          CH please don't let him back on. Association with cretin like this, no matter how tenuous, does none of us any favours at all.
                          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                          Comment


                          • #14
                            Originally posted by Casehardened View Post
                            Faced with such a united front (and that is before RF appears ) I have reluctantly banned EA for a period of time.

                            Why reluctantly?....we don't know the level of his offence as the goalposts have been moved in this field as well to include anyone up to the age of 18; he may well be justified in claiming that there is no necessity for the bail conditions to include an alternative address especially as his wife is happy for him to remain.

                            He has admitted to looking at child "pornography". That makes him totally inappropriate for this group.
                            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                            Comment


                            • #15
                              Originally posted by Franticwithworry View Post
                              Unfortunately, it's sometimes difficult for people to understand that viewing images is the 'thin end of the wedge', and they ask 'what's the big deal?'

                              The big deal is that someone took those images and that viewing them, at the very least completes, continues and exacerbates that circle.

                              I understand that this man feels hard done by in the length of time that it is taking to process the evidence and his case, but quite honestly, he is complaining to the wrong group. His post gives the impression, to me at least, that he feels that he hasn't done anything 'that bad', and his remorse therefore seems misplaced, like a child's who is shouting, 'I'm sorry, I'm sorry, I'm sorry!!!', in the hope that the punishment for some minor misdeed will be lessened. His complaint that the police treatment of the whole indecent images is a witchunt, also implies that he thinks the issue is 'no big deal'. I truly wish they could all be wiped from the web.

                              'I said I'm sorry, what more do you want?' 'All I did was look at a computer screen' as if it's nothing much, is what he's saying - and then he casts doubt on whether or not people on this forum are truly falsely accused.

                              Much as he was making valid points about police bail, that was not the way to win friends and influence people. I feel tainted by the fact that he used part of my comment as a quote, which is silly I know, but there we are.

                              I hope that if he comes back after a short ban, he will look at this thread again and understand why people are upset and angry.

                              I wish there were "like" buttons on this forum!

                              Like! Like! Like!

                              People whose logic is as twisted as this poster's will never understand why people are upset and angry with people like him.

                              No decent person would wish to be associated with him. If he is allowed back on, then many of us will leave in our droves.
                              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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