Arrested for affray, no charge but bailed to return?

Question

While drunk and on a weekend away 150 miles from home, my son waded in to protect his mate from being beaten up; instead he ended up getting his nose broken and kicked from all angles. The police arrived and arrested my son and the two who were beating him. He stayed in a cell for 15 hours and has been bailed to return. is there any way he can see police at our local station as he has no transport or money to get down to the station he is supposed to attend? His 'friend' scarpered by the way! The police have confiscated my son's blood-stained top as 'evidence' but say they do not intend to press charges ....

Just to clarify: my son's top was covered in his own blood from his broken nose. Another friend, celebrating his birthday, was the one who transported my son to the town - he's not interested in going back there specially! I am not blaming the police - just asking what possibility of my son being seen locally! I have, as any responsible mother [I have 5 children by the way] should, advised my son that there are alternative ways of 'getting involved' if friends are in trouble, i.e. stand back and call the police himself.

Answer 1

The best thing to do is call the police station he was bailed from and ask what to do, if he had a bondsman bail him out, yeah, he's going to get into a lot more than a failure to appear for questioning, the bondsman will be after him too. If they aren't going to press charges, then he needs to find out what to do. sometimes, if it's for questioning, the station will provide transport if it is definately needed, but that is rare. The bail is rare too! Something sounds hinkey here.

Answer 2

Phantom, I don't know what policing was like in your day but when confronted with a fight the police asking "right, who started it" is normally met with deaf ears, hence the need to arrest everyone at the scene in order to establish the facts. Considering affray is a different crime to assault anyway (and being an ex-cop you should know that) it gives the police to power to arrest everyone at the scene for what is really, in layman's terms fighting.

You son wasn't charged but bailed at the time because like you say they are either uninterested, or they need time to build the case up, something that can take a few days. It might not be a problem visiting the local station initially, however at some point your son will have to return to the city where the offence took place. The local police will have none of the information required to make any sort of judgement on your son's case.
Best thing is to get in touch with the officer that's dealing with it in the other city, contact numbers are normally on the internet.

Answer 3

I presume this is a UK question, & the Americans are therefore producing pointless advice....

check with the investigating officer as to whether there is a need to return. Do this EXACTLY ten days prior to the time appointed - most officers work a 10 day cycle, & you have most chance then of making contact..... however

No he cant go to a different Police Station to answer bail. If he fails to turn up, he will get arrested for it, & will be charged for failing to appear (this is a separate offence to the original one, & may be proceeded with, even if the affray is dropped). If arrested for non-appearance, the only power is to have him transported to the original station to charge him (Police & Criminal Evidence Act, as amended), & technically he cannot have any proceedings or interviews at your local station.The clothing will not be returned until after a prosecution in court, or Refused Charge is issued by the Custody Officer. Decisions on Affray prosecutions are made by the Crown Prosecution Service, though if a custody sergeant decides there is insufficient evidence to bring a case before the CPS, he can dispose of it before that stage

Answer 4

You say that your son got drunk and was involved in a fight with his mate who then ran off from the Police. Your son was obviously caught in the middle of the fight. Perhaps you should be having a chat to your son about his conduct, I for one wouldn't want to be walking down the street with my wife when he is fighting. Whatever the reason was for the fight the rest of us should not have to suffer that behaviour.

It sounds like the Police rightly arrested your son, he was involved in a fight. They took his clothing because it had blood on it. That doesn't sound like he was being very defensive, unless it was his own, which is no doubt why the Police took his clothes.

The Police will no doubt check your son’s story out. Surely you want them to get to the truth? Rather than him sitting in a cell while they get to the bottom of what happened they released your son, they gave him. Your son AGREED to the bail conditions or they wouldn't have given him bail, so why are you complaining now?

Your son managed to travel the 150 miles to where he was fighting. It's no further to travel that same 150 miles today than when he managed to go there and get involved in the fight.

Don't blame the Police, they didn't ask your son to get drunk or get involved in a fight.

If the Police don't intend to prosecute they should cancel his bail and he won't need to travel.

Has your son provided the details of his mate who ran off to the Police so they can get to the truth?

Perhaps next time he won't get involved in fights.Now he has to suffer the consequences of his own actions.

Answer 5

Your solicitor should be able to advise you and make representations to the police authority of the area where the incident occurred that the matter could be concluded at your local police station, if in fact no further action is being contemplated against your son. However, you must understand that should your son be required as a witness against the other 2 persons arrested, he may in any case have to attend Court in that other area. Similarly, if your son is alleging assault occasioning actual bodily harm against those other 2 persons.

Answer 6

Don't know how long since this incident took place but a few days before the bail date ring the station concerned and get the officer in the case to contact you it may be that a decision has been made and they will not proceed if a decision has been made to prosecute then they will want him to attend to be charged and bailed to court.

Answer 7

Wrongful arrest nicely no..the police were no longer there to witness the incident themselves on the time and were informed by ability of the bouncers you've been accountable, therefore the police can in undemanding words act on the options given by ability of the prevalent public, witnesses and so on and so on therefore at the same time as you've been bailed so the officials can get statements and note the CCTV to get to the bottom of the incident. If its on cctv then you definately have no longer some thing to agonize about do you? once you answer bail if the officials do no longer want to fee you immediately yet want to re-interview you, i recommend you ask for a solicitor to be contemporary so that you may have finished on the time you've been first interview at the same time as it replaced into provided to you. in the journey that they CPS(prosecution attorneys) believes there is adequate information to fee you, then you definately can ought to wrestle it in courtroom

Answer 8

This appears to be another example of modern policing. They are not sure what to do so they arrest everybody.just to cover themselves.
In my day we would have investigated the situation and arrested the other two and charged them with assault on your son.
If they have stated they are not charging your son then, as usual, they are not sure of the facts. Contact your local Citizen Advice Bureau and they will give you advice to sort the problem out.
After the CAB have become involved, I doubt that the Police will insist that your son travels 150 miles back to see them for a case that they have already lost interest in. Good luck.

Answer 9

just explain it's going to be too expensive to get there and would it be possible to give evidence at a local station