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  • Bail

    Has anyone heard of a situation where upon being re-turned to be re-bailed the defendant has refused to sign bail. Therefore leading to a situation where the defendant has to be NFA'd or charged, or later re-arrested?

  • #2
    I doubt a 'suspect' would be NFA'd after refusing to return for bail. Plus if you are charged later it would go against you at trial. It's not worth it.
    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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    • #3
      Originally posted by Rights Fighter View Post
      I doubt a 'suspect' would be NFA'd after refusing to return for bail. Plus if you are charged later it would go against you at trial. It's not worth it.
      No I dont mean not show up for bail, but turn up and refuse to be re-bailed.

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      • #4
        You think they would NFA you because you won't play ball?

        If by some miracle they did NFA you, it would not be because you refused to be rebailed. And if you are charged, of course that could be put to the jury who might wonder why, if you have nothing to hide, you are being awkward....
        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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        • #5
          Originally posted by Rights Fighter View Post
          You think they would NFA you because you won't play ball?

          If by some miracle they did NFA you, it would not be because you refused to be rebailed. And if you are charged, of course that could be put to the jury who might wonder why, if you have nothing to hide, you are being awkward....
          Thanks for the reply RF.

          Im not suggesting It's a good idea, it is something a solicitor suggested to me as a possible option-especially for someone that has been on bail for so long without the file having gone to the CPS.

          He explained that it is a risk, but also mentioned that it has worked before. Although like you I am very unsure of this method.

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          • #6
            I don't know any solicitor who would advise that. How very odd. All you can do is to keep your fingers crossed and there is an NFA very soon
            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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            • #7
              To further the concept. What happens if the accused refuses to sign bail?

              I've never considered this position as I'm from the land of the Scots...

              Ah ha:

              http://www.criminalsolicitor.net/for...s.asp?TID=5959

              You're signing a 'notice'... Basically stating that you notice the notice... Bail is not 'optional' for the accused but appears a long term option for the Police to force on them.
              Wow... A signature option!

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              • #8
                Good find! I'm on there but haven't posted for ages.

                So if he doesn't sign all that means is that he hasn't signed - nothing more and nothing less.

                I still reckon a prosecutor could scrape the barrel using this at trial.
                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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                • #9
                  Originally posted by Rights Fighter View Post
                  Good find! I'm on there but haven't posted for ages.

                  So if he doesn't sign all that means is that he hasn't signed - nothing more and nothing less.

                  I still reckon a prosecutor could scrape the barrel using this at trial.
                  I do not doubt for one minute that a prosecutor would use it entirely to their advantage.

                  I see little advantage, unfortunately, for the soul having to decide whether to sign or not. If the conditions are orally stated to you then that appears to be enough, signing the piece of paper is merely a technicality but it does demonstrate 'compliance' which thwarts any images the prosecution may want to conjure up at trial, if there is to be one.

                  The piece of paper and the compelling to sign does have an air of 'power' about it. The Police demonstrating that they are oh so mighty and that not only will you submit to them stealing your DNA and forcing you to answer questions but they will extract a 'signature' from you at the end so you kind of agree it's all okay.
                  Wow... A signature option!

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                  • #10
                    Originally posted by lawlessone2009 View Post
                    The piece of paper and the compelling to sign does have an air of 'power' about it. The Police demonstrating that they are oh so mighty and that not only will you submit to them stealing your DNA and forcing you to answer questions but they will extract a 'signature' from you at the end so you kind of agree it's all okay.
                    I've had much the same thoughts about 'signing' the SOR; it's not something I imagine anyone wants to do but I can't believe the outcome would be any different if the recipient refused to sign.
                    'What doesn't kill you makes you stronger'

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                    • #11
                      Originally posted by Casehardened View Post
                      I've had much the same thoughts about 'signing' the SOR; it's not something I imagine anyone wants to do but I can't believe the outcome would be any different if the recipient refused to sign.
                      Yeah. The actual act of 'signing' is pretty pointless.

                      However, the mental kind of psychological angle is powerful. Signing a piece of paper that refers to yourself as a sexual offender must create all sorts of mental questioning. I'd actually imagine that it does far more harm that good. If someone WAS a sex offender then they could 'normalise' the offending in their heads as the State was implying it was all cool as long as they signed a piece of paper stating such......
                      Wow... A signature option!

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                      • #12
                        I think that signing SOR is a little different to bail! The T & C of SOR is that if you do not sign and do not adhere to the 'rules' then you can be sent to prison.
                        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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