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Pre charge bail for 5 months, HELP!

13 replies

HowToCopeTooLong · 09/10/2022 21:57

I’ve NC for this but hoping someone can help.

I’ve been on pre charge bail for 5 months now, the restrictions attached are severely impacting as one of the conditions means I’m not allowed to attend my place of work.

Police extended bail to 3 months, near the end of 3 months police passed the file to CPS, bail has continued since then and the ABP now no longer counts as I’m on bail pending a charging decision.

CPS have had the file for over 2 months but haven’t yet decided what I’ll be charged with.

Without giving too much detail, I was initially arrested on suspicion of GBH with intent.
The person who made the complaint, claimed I hit them over the head with a glass object, (I didn’t)
Said person is a family member, I am aware that they sustained no injuries to the head and a medical confirmed this.
Police forensics have also not found any evidence that I even touched said object ( I didn’t so they wouldn’t)

Duty solicitor advised me to go no comment in police interview as they had little evidence anyway and no point giving them more.

There are no other witnesses other than the alleged victim.

Alleged victim did have some minor bruising, and I’m sorry for that, but the fight did go both ways.

I have bipolar and personality disorder and this whole thing has exasperated it , I’ve been in crisis and suicidal once over the last few months and I’m just really struggling.

I really just wish the CPS would do something now, the bail time limit doesn’t apply as long as the CPS have the case and as yet, I have no idea what I’ll be charged with or when.

My solicitor unfortunately has as much info as me and can do nothing to speed up the CPS decision.

It really just seems so unfair that my life is on hold and the CPS can take as long as they wish, what is the point in having time limits to pre charge bail if the CPS can take forever

OP posts:
RewildingAmbridge · 09/10/2022 22:03

GBH with intent would require some pretty substantial injuries. Bail is being extended a lot at the moment. Do you work with the alleged victim? If so if you are charged they may apply for a restraining order/non molestation order. What does your boss/company say? I'd get fired for something like this, even if not charged you've admitted here to a 'fight' where the other person came away with injuries significant enough to warrant GBH. Also the no comment advice usually suggests from a legal perspective there's enough for you to drop yourself in it of you told them every detail. If you were wholly innocent you'd be best placed to just tell the truth.

RewildingAmbridge · 09/10/2022 22:05

It would be very unusual to be arrested for s18 GBH with no evidence of really serious harm

KKslideaway · 09/10/2022 22:06

Have you and your solicitor not contacted the Police to request your bail conditions are varied?

KKslideaway · 09/10/2022 22:08

RewildingAmbridge · 09/10/2022 22:05

It would be very unusual to be arrested for s18 GBH with no evidence of really serious harm

You can be arrested on suspicion of anything with little to no evidence. Being charged with something is what requires the evidence.

HowToCopeTooLong · 09/10/2022 22:12

I am aware GBH with intent is very bloody serious, I haven’t been charged with that, and my solicitor is confident I won’t be.
There was a lot of blood, alleged victim was in charge of said glass object, and stood on it barefoot.
I know they cut their foot on the glass and that’s where the blood came from, that information wasn’t known when I was initially arrested.

OP posts:
CaptainBarbosa · 09/10/2022 22:15

KKslideaway · 09/10/2022 22:08

You can be arrested on suspicion of anything with little to no evidence. Being charged with something is what requires the evidence.

Indeed, but I've know so many assault and GBH charged turn NFA after the 3 month mark.

I think there's more to OP's story the fact the CPS have now taken then file and no NFA has come back.

I'm guessing they (the CPS) are arguing over risking GBH with intent or to drop it to actual bodily harm and getting a conviction.

HowToCopeTooLong · 09/10/2022 22:22

@KKslideaway we did apply to vary in the beginning, but it was around 2 weeks after arrest, not much info was available then.

It looked bad because of the blood, the police were waiting on forensics back from the glass with my prints.
Which obviously they never got.
The blood turned out to be from their foot, which was from them treading on glass.
Just by looking at the blood it looked bad, their further investigation show I didn’t touch glass object, and show I didn’t inflict any type of wounding for that matter.

I was advised to go no comment as alleged victim hadn’t given their statement yet as they were awaiting an interpreter

OP posts:
BigMamaFratelli · 09/10/2022 22:41

RewildingAmbridge · 09/10/2022 22:05

It would be very unusual to be arrested for s18 GBH with no evidence of really serious harm

Sorry but that's rubbish. The police think anything domestic violence related needs referring to the CPS (it doesn't). And the CPS has a huge backlog for pre charge advice. I'm pretty sure they aren't taking ages just for shits and giggles.

HowToCopeTooLong · 09/10/2022 23:06

@RewildingAmbridge I’m not saying I’m wholly innocent, but I’m certainly not guilty of any type of GBH.
They made some pretty nasty false allegations against me, police forensics have at least not found any evidence to suggest I did what they are saying I did.
They didn’t suffer any broken bones or any cuts to their skin, aside from the one they did when treading on broken glass.

I also suffered some minor bruising, but I’m not saying I’m innocent, well I am to GBH.

The CPS have been back to the police once, around 4 weeks ago, to request that they look again at my phone.
We have no idea why they’ve done that, but again, they won’t find anything to incriminate me.

OP posts:
HowToCopeTooLong · 09/10/2022 23:10

The whole thing is just really toying with my already quite vulnerable mental health, I’ve never been in any kind of trouble before, I have no idea how long the CPS will take and until they do make a decision I’m stuck in limbo with no way of moving forwards

OP posts:
BigMamaFratelli · 09/10/2022 23:47

HowToCopeTooLong · 09/10/2022 23:06

@RewildingAmbridge I’m not saying I’m wholly innocent, but I’m certainly not guilty of any type of GBH.
They made some pretty nasty false allegations against me, police forensics have at least not found any evidence to suggest I did what they are saying I did.
They didn’t suffer any broken bones or any cuts to their skin, aside from the one they did when treading on broken glass.

I also suffered some minor bruising, but I’m not saying I’m innocent, well I am to GBH.

The CPS have been back to the police once, around 4 weeks ago, to request that they look again at my phone.
We have no idea why they’ve done that, but again, they won’t find anything to incriminate me.

Checking phone comms is standard in dv cases. Unfortunately the wait time on that can be months as the police have a huge backlog. I'm amazed they forked out for forensics on what seems to be a non case

HowToCopeTooLong · 10/10/2022 00:09

BigMamaFratelli · 09/10/2022 23:47

Checking phone comms is standard in dv cases. Unfortunately the wait time on that can be months as the police have a huge backlog. I'm amazed they forked out for forensics on what seems to be a non case

Thank you, yes they already completed forensics on phone before they sent file to CPS.
But CPS came back and asked them to review phone again.

OP posts:
Smiler1999 · 04/03/2023 07:16

Sorry to jump on this post now but was just wondering what your outcome was?

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