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Police bail restricted to 4 days

Jake | 29.06.2011 14:44 | Repression

Cops are sweating this evening after the justice system shot itself in the foot when a court ruled today that police bail is to be restricted to 4 days in length. By my understanding of the situation the police have 4 days to bring a charge, after which they may only take action by re-arresting with fresh evidence - no fresh evidence, no rearrest, no charge.

Politicians and cops alike are expressing their horror to the corporate media as the courts they're usually in cahoots with severely fucked their "operations" up in a ruling that effectively bans long-term periods on bail. Gone, in theory at least, are the years at a time under house arrest, curfew or restricted movement at the cops' say so.

Politicians are already planning appeals and emergency legislation. When the law works for the ruling class, fantastic don't you know. On the very rare occasion it kicks back, who cares we'll just shift the goal posts.

Funny to see the occasional guilt-racked cager break the ranks. By no means something to be applauded or held as exemplary action (in fact this is a move of sheer hypocrisy by the judges concerned). But still a funny day for those who love seeing the cops freak out.

Jake

Comments

Hide the following 4 comments

clarification requested

29.06.2011 15:11

I thought you had to be charged within 24 hours of being arrested.
Is police bail when you have been charged and let out before you appear in court?

This might be an issue of national differences but would be v. grateful if someone could clarify.
1. What police bail is ( is it the time between getting arrested and charged or charged and brought to court)
2. Whether this also applies in Scotland


Glasgow Activist


clarification

29.06.2011 19:43

I can only speak for England, as it's the only place I've been nicked so far.

Police have to release you within 24hrs (in most cases). If you are neither charged or NFA's (no further action) you would be released on police bail. Police bail is a pre-charge form of bail which came in with PACE (Police and Criminal Evidence Act 1984). The cops love it cos they get to set how long it is and what the conditions are, and they only need to justify them if they are challenged in court.

In theory police bail is intended to prevent re-offending or interfering with the case. In reality it is used to punish people extra-judicially. No doubt they'll close this loophole of fairness in the legal system and use emergency legislation to actually increase police powers, but it's good to see them "running round like headless chickens" in the meantime.

Scotland's laws vary quite a lot, I'm not even sure PAC applies there anyway.

X


small clarification

30.06.2011 06:13

despite what the previous poster added in editorial the use of police bail is restricted, PACE was quite specific as to how it was to be used as the penalties for breach were very low, almost non existant.
It is primarily used where a persons case has to be investigated further than from the evidence collected at the scene, i.e forensic testing, obtaining viable CCTV, further witness statements.
Its reasoning is that you agree to return on a set date to find out the result of the case, charge caution,nfa etc.
The current ruleing is an interpritation of the PACE act, it does not stop the police setting bail it just means that you cant breach bail conditions after 96 hours, however other laws are there to prevent witness intimidation,harrasment etc.
Also, the use of court summons will rise, the police will probably be ordered by the courts to enact warrents on the strength of summons, these have much wider legal powers.

cheer if you like, cos piggy getting pissed about, but I would much prefere to have to go to a cop shop to be NFAd than go to court, piss off a magistrate and end up inside, still I am not a legal genius like the other posters.

anon by right


Extra info

30.06.2011 07:53

Found this more indepth piece about the ruling-
 http://obiterj.blogspot.com/2011/06/for-how-long-can-police-hold-me.html

J30layabout


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