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Is setting bail conditions a breach of the European Convention on Human Rights?

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  • #16
    Originally posted by Franticwithworry View Post
    Most people won't challenge bail for fear of aggravating the investigating officers and making things worse for themselves. My man has been told to expect to be on bail for 18-24 months, and legal opinion is to suck it up and wait.
    My OH challenged his bail coconditiona as they originally wanted me to be included in the people he couldn't have contact with, judge overruled as it was impractical as we have children

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    • #17
      Originally posted by SurrealLife View Post
      My OH challenged his bail coconditiona as they originally wanted me to be included in the people he couldn't have contact with, judge overruled as it was impractical as we have children
      Ahh you see that you had to go to a judge. All bail used to have to be set by a Judge or Magistrate, however the problem with this was during holiday periods such as Christmas the courts were not open so the arrested had to be kept in police cells until the courts were open again . The original idea of police bail was to allow the police to release people during periods that courts were not open such as Christmas. The idea being that the accused was told to return to the police station on a certain date. However the development of "conditions" is new and has not been regulated by any law or statute. The police have just been allowed to do it without challenge. So as I said I WILL be challenging it after my case is dealt with whatever happens.

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      • #18
        Originally posted by SurrealLife View Post
        My OH challenged his bail coconditiona as they originally wanted me to be included in the people he couldn't have contact with, judge overruled as it was impractical as we have children
        Some bail conditions HAVE to be challenged as they are too ridiculous to be coped with.
        '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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        • #19
          Ask the Investigating officer to change things

          I spoke to OIC with my solicitor present and simply provided a reasoned argument why my bail conditions where not sensible. The police officer agreed to change them. So just ask the investigating officer and see what happens.

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          • #20
            Right to trial within a reasonable time.

            Found this article which covers bail conditions a bit but mainly is about the right to Trial within a reasonable time.

            http://projects.essex.ac.uk/ehrr/V9N1/CHADAMBUKA.pdf

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            • #21
              The whole business of bail conditions and the length of time someone can be on bail without charge has got out of hand. Unfortunately the new Police and Crime Act does little to address that. The length of tine between charge and trial gets much more attention.
              '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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              • #22
                3 months plus to type up statement

                My local police force has a backlog of three plus months for typing up a statement. My FA made her statement in September but I will not know its contents until January. It is not the OIC fault its down to the amount of staff they have to do the job. I believe that this could be challenged under the ECHR as taking this amount of time to simply type up a statement is delaying the investigation and therefore I am suffering months of stress I should not be. I shall be seeking a judicial review reference this.

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