Police Bail for Suspects, thrown into Chaos!

4th July 2011
Police Bail for Suspects, thrown into Chaos! image

Police Bail for Suspects thrown into Chaos

In recent days it has emerged that a High Court decision has thrown what had been seen as the established interpretation of the law on bailing suspects into disarray.

After taking legal advice on the issue it does seem that most police forces now accept that for the time being at least the effect of the case is binding. The matter is however due to be appealed to the Supreme Court at the end of July and the Government has already suggested that there will be emergency legislation to rectify the situation.

The case of Hookway involved a murder investigation in which the police were initially entitled to hold the accused for up to 24 hours from the ‘Relevant time’ of him arriving at the police station. That period was extended by a superintendent up to 36 hours after arrival. As the police enquiry was not complete they had to apply to a court for a warrant of further detention which was granted for a further 36 hours. Before that time had elapsed the police bailed the suspect to return at a later date. A number of months passed and the suspect was re-bailed a number of times. The police then wanted to apply for another warrant for further detention. Ultimately the decision of the court was any extensions must be applied for within the periods specified within the Act.

The effect of this seems to be that for most ordinary cases by the end of 24 hours from arrival at the station the police ought to charge, take no further action or apply for extensions which could total up to 96 hours. If suspects are to be bailed whilst further enquiries take place this should be within the relevant time limits.

It is of note that this only applies to police bail during an investigation prior to charging and so bail to court is unaffected. The suggestion seems to be that if the police have insufficient evidence they should take no further action but it is of note that they have the power to re-arrest a suspect if new evidence is obtained.

If granted bail, the common view now seems to be that an accused person should still attend the police station to avoid committing a separate offence of failing to surrender. However, the police may only be able to book a suspect in to detention if there is new evidence.

It should be born in mind that the police do have the ability to commence cases by the issuing of a summons and so do not always need to charge people within the custody suite to bring the matter to court.

The approach of all police forces remains to be seen but the best advice that can be offered to anyone who is on police bail is to seek full advice from a solicitor specific to their individual case.

Commenting upon the issues raised by this case Dav Naghen a partner in our Criminal Law Department indicated:

“There has been much confusion surrounding the interpretation of this case. There may be circumstances where individuals and even the police do not know where they truly stand. There is no substitute for full legal advice based on the individual circumstances of each case. Given the expressed intention of the Government to pass emergency legislation on this issue, I hope that this is given proper consideration to balance the rights of detainees and the practical considerations that no doubt will be put forward by the police. I have seen cases where the accused has been on police bail for 18 months and that is not in the interests of the detainee, any victim or the interests of justice. There are many cases where people end up having to answer bail at the police station several times before any decision is made and again this is a practice which cannot be in the public interest. Against that it is of no assistance for victims or the accused to be told that there is no action on a matter only for the accused to be further arrested at a later date if new evidence that could not be obtained within a short period of time then comes to light. My only hope is that the Government will use this opportunity to create a more efficient system in which some of the worst practices of the police are eliminated or at least reduced to allow fairness to those who are accused (and often wrongly accused) of offences.”

Should you need any assistance regarding a Criminal allegation against you please contact Daven Naghen or Anita Toal on 01775 722261 or ask for Maples Solicitors LLP when booked in to the police station.


Who Will You Be Entrusting With Your Conveyancing? image

Who Will You Be Entrusting With Your Conveyancing?

WHO WILL YOU BE ENTRUSTING WITH YOUR CONVEYANCING WORK?  THE CHOICE IS YOURS!

Are the selling agents or perhaps the mortgage broker pushing or trying to persuade you to use a particular conveyancing firm? If so, we would strongly recommend that you ask the following pertinent questions so that, armed with all relevant facts, you are better able to make a reasoned decision:-

Why?

Are the agents receiving a kickback or referral payment from the firm concerned? Using a firm in cahoots with an estate agency inevitably leads to a potential conflict of interest. Will such firm be working in your best interests or simply those of the introducer? Here at Maples we pride ourselves on being completely independent and we consider the idea of a referral fee both abhorrent and unethical. We much prefer to obtain our work based on past performance and recommendation.

How Much?

Do not be misled by a seemingly attractive basic figure initially quoted but be sure to enquire about and read the small print for add ons for so called “extras” (such as mortgage costs, preparation of a stamp duty land tax return, telegraphic transfer fees and the like) which suddenly spring up at a later date and only become apparent in the firm’s final statement. Ensure that you are comparing like for like. Here at Maples, we give you a complete and all inclusive rundown of our professional charges and all disbursements at the outset, with no hidden extras.

Where?

Is the firm local or, as is more likely, based in a completely different part of the country? If the latter, then the transaction will, without a doubt, be dealt with by post, phone or email and lack any personal contact. Here at Maples we are fully accessible, like to meet our clients to discuss and advise upon the transaction face to face and share with you the benefit of our wealth of local knowledge and experience.

Who?

Will you actually be aware as to who will be dealing with the matter for you or will you simply be a reference or matter number at the end of a phone in a firm dealing with volume conveyancing? Here at Maples, you will be assigned to your own experienced and dedicated conveyancer who will be responsible for and deal with the transaction for you from beginning to end, with a high level of personal service throughout.

Making a hasty and bad appointment could seriously prejudice or delay your transaction and cost you dearly. Getting honest answers to these four simple questions at the outset could make all the difference.

To discuss any Conveyancing matters please contact either Claire Smith or Anita Zaborniak of our Conveyancing Team or telephone the office 01775 722261.

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.