New 2017 Pre-charge Bail Laws - Help needed

 

Does anyone have experience of these new laws please, as I fall under the new pre charge bail laws that came into effect from April 2017. I have been bailed for 28 days and then three months. As this time is nearly up the police have to apply to the courts for an extension because they say they have not had time to inspect my computer and phone. The solicitor and I need to complete the bcl009 form but are not familiar with this form and we have five business days to respond. - Response to Application of Police Pre-charge Bail

This form states that should have been given a copy of the investigators application to the Court (bcl007) so that I can respond, however the Police have not given this to me. Can they use rule r.14.22 section 47ZH, to withhold this form information from me?

This seems a bit extreme, as my ex girlfriend made a malicious allegation and I am currently under investigation for a common assault and a miscellaneous one (sharing pictures of my ex-girlfriend with friends and family).

The problem is that we fell out in December and I tried to move on with my life but she found out I had a new girlfriend in March. She went on the attack and threatened to ruin mine and my family’s life by making various false allegations and threatening volence against myself and my children. I recorded this conversation on the telephone and she states that her ex-partner is a Policeman and she will use him to her advantage, as she has a direct line into the police station.

As my previous post states, she has contacted ex-girlfriends etc and has made further malicious allegations about me and my family to other organizations. These have been investigated and found to be malicious and false. Do I have a case to report her to the police for collective harrassment? 

In addition, I had a traumatic brain injury when I was young, so I have cognitive difficulties with reading and writing etc. When I attended the police station on a voluntary basis they arrested and interviewed me without an appropriate adult being present. When I told them that my epilepsy medication dose was due they said they would go to my home to collect it. I did not know till afterwards that they used this opportunity to search me home and took my computer and phone.

As this system is new, my solicitor is not familiar with this scenario, so I would be very grateful anyone could give me some guidance on how to fill in the response form without knowing what has been written about me, or any other advice that would be helpful in my situation.

This post supercedes my previous one and I have received help to write these.

Many thanks.

Your solicitor is being paid

Your solicitor is being paid to advise you. I would suggest that he catches up quickly and does his job.

Richard Paremain

Profile: Personal injury specialist solicitor with Sarginsons Law LLP. I have more than 20 years experience involving both minor injury and cases with injury of the utmost severity. This has ranged from the Zeebrugge Ferry Disaster to a pavement trip for a Mrs Gready.I have a special interest in compensation for the Victims of Crime through the Criminal Injuries scheme. 02476521081 rparemain@s-law.co.uk

Hi I have some experience

Hi

I have some experience with the new laws but in all honestly I have dealt with hundreds of clients since the law changed in April and the police have not used pre-charge bail once. They tend to exclusively release under investigation at my local station. 

The police must serve their application on you: 

Criminal Procedure Rule 14.22 -

"

14.22.—

(1) This rule applies where an application to authorise an extension of pre-charge bail includes an application to withhold information from the defendant.

(2) The applicant must—

(a) omit that information from the part of the application that is served on the defendant; "

They would not be entitled to withhold their application from you altogether because there is a specific procedure for them to ask the court to consider confidential information without it being revealed to you. 

If there is confidential information which they wish the court to consider but be withheld from you, there is a 'confidential information supplement' form bcl008 which they submit to the court along with form bcl007 (application to extend pre-charge bail). If the court refuses the confidential information application, the police must either (a) serve the information on you or (b) withdraw their application to extend your bail. 

Your Solicitor needs to be aware of the grounds for the application that the court will consider because it's unlikely that they "haven't had enough time" to check your phone will be enough. The court needs to be satisfied that the investigation is being conducted diligently and expeditiously. 

Have you or your Solicitor asked the police for their application (form bcl007)? 

If your Solicitor is worried about how he's going to get paid, he can claim under CRM1/2/3 if you are financially eligible for advocacy assistance. 

Part 14 Criminal Procedure Rules:

http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2015/crim...

Part 14 Forms:

http://www.justice.gov.uk/courts/procedure-rules/criminal/forms#Anchor3

Kind Regards
Matt

All posts are for discussion purposes only and should not be considered legal advice. 

Accredited Police Station Representative
Affiliate Member of the Chartered Institute of Legal Executives

Profile: Accredited Police Station Representative
Ask a UK Solicitor
27 UK Solicitors are Online Now
As a Question, Get an Answer ASAP
Get an Answer >

Who's online

There are currently 0 users and 18 guests online.
sarginsons law link

User login

Navigation

twitter link facebook link
netlawman link