2006-10-25 23:41:24 · 9 answers · asked by yasmina 1 in Politics & Government ➔ Law Enforcement & Police
The police have admitted that the reason the case hasn't gone to court yet is because they haven't had time to fully investigate. That's why they keep extending bail to give themselves more time. It has now been 15 months since the date of arrest so how much longer can they do this before sending the case to court?
2006-10-26 00:05:39 · update #1
Indefinate. (England & Wales). Though you'd think a defence would suggest an appeal/dissmissal if the delay was unfair..
2006-10-26 07:55:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sometimes police bail is extended in the interests of the person concerned, to avoid having to bring them to court at all. The Select Committee on Criminal Justice Bill (now the Criminal Justice Act, expressed the following concern: "While the Committee accepts the need for conditional bail before charge, it recommends that it be subject to a time limit of four weeks". I can't find that reproduced in the enactment. Once you have been charged with an offence, the police must release you on bail unless the custody officer reasonably believes that:
There is doubt about your name or address;
Detention is necessary to protect you or somebody else; or
You will fail to attend court or interfere with witnesses or the administration of justice.
The police can attach conditions to your bail, such as living at a fixed address, reporting to a local police station, a curfew, avoiding named people or places, or providing a financial guarantee for your attendance at court.
If you fail to attend court without reasonable excuse, you commit a separate offence under the Bail Act 1976. If you break any of the conditions of your bail, you can be arrested and brought in custody to the next sitting of the local Magistrates' Court, who may then take away your bail. If you are on police bail with conditions, you can apply to the Magistrates’ Court to vary the conditions.
2006-10-26 07:14:22 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Hello, first it is not "police bail" it is just bail, and the bail is set by the court. And it would be the judge that would decide what the bail is. ( normally there is no time limit on bail and you don't have to extend it, you are just out on bail till they either dismiss the case or you appear in court..
And depending on where you at, and what evidence is being reviewed. For example in southern GA if they send the evidence on a drug case to the stae crime lab they can take 18 months or more to get the evidence returned back.
If you wish to push it to trial, your attorney can file a motion for a speedy trial.
2006-10-26 09:52:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In the USA, the defendant controls the speed of the trial. If you are out on bail, every time you go to court and the prosecutor asks for more time (i.e., a "continuance"), you have to agree to that. Courts call that a "time waiver," where you agree to waive your constitutional right to a speedy trial. Sometimes your defense lawyer will ask you if you agree and encourage you to say "Yes." I am a police officer and have had cases drag on for years due to these tactics.
Next time you see your lawyer tell them you want to get this case wrapped up and you will not agree to any more time waivers. That should speed things up.
2006-10-26 09:07:27 · answer #4 · answered by James P 4 · 0⤊ 0⤋
EXTENDED? I'm not sure what your meaning of extended is. But if by extended you mean when a person is bailed out of jail this bail will usually last until his/her trial comes up. If this trial comes up and gets continued then his/her bail will be extended until the new trial date. That is unless he/she has violated the terms of his/her bail. So i short there is no time limit.
2006-10-26 06:55:53 · answer #5 · answered by GRUMPY 7 · 0⤊ 0⤋
No limit I'm afraid...so you'd bettre turn up or you'll get nicked and have a 'Fails to return on bail' marker placed against your Police National Computer (PNC) file, which means the next time you get arrested you probably won't get bail at all!!!
2006-10-26 06:50:06 · answer #6 · answered by itchy colon 2 · 0⤊ 0⤋
The police has NOTHING to do with bail, this is the province of the court system.
2006-10-26 07:54:25 · answer #7 · answered by WC 7 · 1⤊ 0⤋
If your referring to UK police. They it seem you have been bailed pending further investigation. (ie not charged) There is no limit but officers will have to justify the time scale to there superiors..
2006-10-26 11:45:29 · answer #8 · answered by dcukldon 3 · 0⤊ 0⤋
if you are refering to bail without charge there is no limit but the officer in case will be getting loads of grief from his superiors if it goes on too long without justification
2006-10-26 07:08:42 · answer #9 · answered by xj8jagman 2 · 0⤊ 0⤋