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How long can bail conditions be extended for.

9 replies

Legaladvise · 23/10/2024 19:42

2 months ago close family members child aged under 16 was arrested for distribution of children’s indecent images, child has been bailed with strict condition's until investigations are complete.

META informed police of the online activity 17 months prior to the day of arrest, however due to backlog police only found out on the day of arrest.

Parents have been told due to backlog they cannot give even an approximations of a timeline, safeguarding officers have advised bail will be extended on next bail date (nov) as devices are still to be searched by computer forensics.

Parents reported to police, child social services and school that child was being groomed in May of 23 however not one service was interested, the police officer who visited the property was uninterested and was in and out of the property in 8 mins, no investigation and even tho parents advised they had a plethora of “evidence” the officer was simply uninterested.

Social services advised that as child was from a good home and the grooming was an external factor they could not offer support and closed the case as NFA, the school placed the child on a list to receive counselling, which did not happen.

Police have advised the case reported in May of 23 has nothing to do with the current investigation and they cannot comment on why the officer refused to investigate and closed the case.

Child has admitted they shared the links online as the groomer blackmailed them (parents have evidence of this)

Parents contacted the arresting officer this week as child has been asked to attend a 2 day overnight residential trip in 7 months time however the arresting officer has advised they cannot give permission (bail conditions) due to back log , they don’t know when their investigations will be completed (trip will be 10 months since arrest)

Parents are extremely concerned as child is very much a victim however being treated as a perpetrator, child is showing signs of very poor mental health and school are becoming increasingly concerned as child has become withdrawn, child is being isolated from their peers as not allowed any contact with children under the age of 16 unsupervised, no internet access at all, not even for educational purposes and to reside at home.

Child has now been placed on a voluntary child in need plan however assessments are still on going, parents have since been advised that assessments are showing that child is at crisis point.

Parents advise they have emailed their solicitor (legal aid due to child’s age) however they are not replying so are currently looking for new solicitors.

Can any legal bods advise how many times the child be bailed for and if they are bailed again will the bail conditions continue?

OP posts:
catin8oots · 23/10/2024 19:50

Sorry OP but there is no timeframe. They can be extended time and time again. Sometimes up to years.

DabS1234 · 23/10/2024 20:17

What exactly are bail conditions? If you can share without any outing details (names, addresses/locations).

Is the residential a school trip? School in these circumstances would be required to do a risk assessment. We have achieved this successfully before (I work in social work). With appropriate supervision and guidance they should be able to go. Are they attending school?

Under the cin plan as the social worker if they have any specific team or support for sexually harmful behaviour. The school may need support with any assessment and that could help.

What ever has happened, this kid needs support and limiting his education/appropriate socialisation won't benefit anyone.

As pp said these things can take a ridiculously long time.

Hope things go as well as can be

Legaladvise · 23/10/2024 20:59

Bail condition - no unsupervised contact with any children under the age of 16, unless in school building.

No internet access at all, not even for educational purposes, must attend school, and to sleep/reside at home.

Parents gave the police a series of scenarios the child would find themself in

Example - Child walks to school and classmate joins them to walk to school together, parents ask if this would be in breach of bail conditions , they were told YES!

Example - Child goes into a shop to buy sweets, another child also goes in to buy sweets, Parents told this would breach bail conditions as child is unsupervised in the shop.

Example - Child has PE, PE is held on the school premises but not in the building, child has contact walking from the building to the courtyard… parents told YES this is breaching the bail conditions 🤯

Yes residential trip is part of exam curriculum (although voluntary).

Parents report school are happy to take child on residential trip however arresting officer won’t allow, from what parents say, the arresting officer is treating child as a convicted perpetrator.

Social workers are currently carrying on an AIM Assessment on the child, they have advised parents they will need to outsource the help as they don’t have the resources to support the child.

OP posts:
justanotherchangeofname · 23/10/2024 21:40

It's not the officers job to "allow it" they can however arrest the boy for a breach if he breaks the constitution conditions and is reported

CountTo10 · 23/10/2024 21:55

This explains it with regards to bail conditions

mosslaw.co.uk/there-are-new-time-limits-on-police-bail-before-charge/

In summary bail conditions can be renewed in 3 month blocks but would need initially an Insp then a Supt to authorise. After 12 months they need to apply to the court to apply bail cons. Does the child not have a solicitor? They can make representations re bail conditions.

However a person can be bailed 'under investigation' without any bail conditions indefinitely.

Legaladvise · 23/10/2024 22:35

Parents have text message from the arresting officer is refusing to give permission for child to attend the residential trip.

@CountTo10.

Parents in process of trying to obtain a good lawyer, the lawyer provided to them on day of arrest was the duty solicitor, parents have emailed multiple times however they are not replying by phone or email.

Parents have asked the solicitor if bail conditions can be amended as child is not at risk of re-offending as child does not have any internet access and because the current conditions are restricting and isolating the child from leading a relatively normal life.

Child is also engaging with all professional.

They’ve also asked if the sleep/reside at home can be amended as child is unable to go on holiday or have overnight stays with relatives.

The whole 3 months and 9 month is confusing, on the next bail attendance will the child still have the bail restrictions? (As no charges been made)

OP posts:
CountTo10 · 23/10/2024 22:55

When the child was initially bailed with conditions it was for three months. When he returned and they wanted bail conditions for a further three months an Inspector would have to authorise it. A solicitor could have challenged or made representations at this point to amend or remove the bail conditions. If the Police refuse the solicitor could make representations to the magistrates court.

If at 6 months without charge the Police want to continue bail conditions for a further 3 months taking it up to 9 months a Police Supt has to authorise. Again the legal representative can make representations to have conditions removed or amended.

If the Police want to extend after 9 months they need to make an application to the magistrates court to do so. This child really needs legal representation and it may be best to pay. Assistance you get on legal aid can be limited. I wouldn't rely on the solicitor who attended the Police station who would be free to assist any further than that without being paid or legal aid being agreed.

justanotherchangeofname · 24/10/2024 08:44

If the conditions include reside at home then that's the clear one which would put the child in breach on the trip. If the bail is due to be up/extended in November then now is a good time to either push more on the duty solicitor or find an alternative legal rep as they can push for different bail conditions.

Have they tried ringing the solicitors firm rather than the individual solicitor?

An email from the local MP always gets things moving in my experience

justanotherchangeofname · 24/10/2024 08:47

To the police I mean

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