What are the chances of my BIL being granted bail?

[mulranno]

Hi, my BIL is coming to the end of an 8 yr sentance for drug importation. He is a foreign national who has lived and worked int he UK for many years. We expect that on his release date they will request deportation...he will appeal this and will then either be sent back to his cell or moved to a detention centre. We will apply for bail...what are his chances?..what will the amount be?...what factors make a bail case sucessful?

Didn't he import a Class A drug? I have no idea re bail etc but I'm sure his solicitor will be able to advise him.

Hmm, I think they'd be worried that he might disappear if he was on bail.

Didn't you post previously about him having nowhere to live if he got out? Having nowhere to go and no income is not going to be helpful for his case.

Yes I did...my sister is trying her best to manage the situation. She does not want him deported to the other side of the world for her sons sake. She will put up bail and support him financially thru the 6-8 months of appeal hearing...but she doesnt want to live with him. They are separated. I am just worried that this might bankrupt her. Has amyone any idea of how much bail is required? ANd can any experts out there guess at his chances of being granted bail? and of his appeal being sucessful...or is she just wasting her time and money?

any legal people out there who could guve a good guess as to the outcome?

anyone?

Are you in England or Scotland?
When you are asking about how much bail is required I assume you mean a surety? Bail is when someone is released rather than held in custody. He will presumably be either released on licence or sent to detention centre awaiting deportation. I think a lot will depend on what Immigration request.

His solicitor will have the best information on the situation, depends on a lot of factors. Sounds like he has spent whole period in custody rather than being released half way through as usually happens. There are obviously a lot more factors to take into consideration here than are obvious.

we are in england...he has done half his sentance but was not given the standard weekend release/ open prison stuff that non FN get. so soon he will finish his sentance and go to a deportation/detention centre...whilst he appeals...we want to know how much money wil need to put up IF they let him home during this time...and if there is any chance of him being at home for these appeal months

does anyone have an opinion ?

Your sister should speak with the solicitor representing her husband. I dont think anyone on mn can answer your question without knowing the very specific details of his case. There are no hard and fast rules about bail. Each case is delt with on its merits and differnet courts can take different views.

To stand as surity for someone you have to show you would be able to surrender the agreed amount to the court if the bailee was to disappear.

Your sister should think very carefully about the implications of this, especially as she is not wanting a relationship with her husband. It could be quite a risk, especially if as the the case progresses it may become apparant that it would look likely that his appeal will be turned down.

So could they refuse him an appeal?...we had assumed that that an appeal hearing was an automatic right?

I'm not a lawyer but my understanding is you have to have grounds for an appeal. You can't just appeal because you disagree with the decision of the court.

As people have said, your sister REALLY REALLY needs to speak to her ex's solicitor.

He should be eligible for legal aid for representation on this matter. When you stand as surety for someone the amount fixed is more to do with your means than anything else - the court has to be sure that you are putting what would be a very painful amount to sacrifice on the table. you do not have to pay the money unless the person absconds, so it really depends on how much faith your sister has in him. the court will not accept someone as a surety unless they are in close contact with and able to supervise to a certain extent, the fact that your sister does not want her husband living with her might indicate she would not be suitable in any event. IMHO the chances of bail don't look good ( previously solicitor dealing with criminal defence for 23 years)

Ok thankyou...this is all starting to make sense. I think it is important to manage my sister (and child and husbands) expectations. She is in contact with the lawyer ...she is paying for it..as she wants to ensure she has the best person on the case for her sons sake.
Reason I am seeking clarity is that my sister lives in a bit of denial. During the original court case she was very defensive and really believed he would walk free even though he was caught red handed, admitted his involvement but claimed he was under duress...death threats if he didnt participate...etc. Recently my mother died of cancer and again she did not share critical info with the rest of us (eg was told that the chemo had not worked and my mother was dying!)...and always had an unrealistic interpretation of info we were given. It will be me again picking up the pieces. With respect to the lawyer conversations - I have had to ask her to ask very direct questions.

One last Q...wrt to appeal, he is foriegn national, has held down job in Uk for 4 years, first offence, is separated from wife but continued to be involved in the daily care of his son (whilst my sister worked int he day he worked evenings)...relationship with son is the basis of appeal...son has visited him in prison every week for past 4 years, they have a mountain of written correspondance from child to father. What do you think that tha chances being granted an appeal hearing?

What do you think that tha chances being granted an appeal hearing? ....anyone...he is foriegn national, has held down job in Uk for 4 years, first offence, is separated from wife but continued to be involved in the daily care of his son (whilst my sister worked int he day he worked evenings)...relationship with son is the basis of appeal...son has visited him in prison every week for past 4 years, they have a mountain of written correspondance from child to father.

Why did he import drugs? He was working, had a family.....?what reasons has he given for it?

Mulranno, I'm sorry but I don't think anyone here is going to be equiped to tell you. Its a really complex area and highly fact dependent.

Thanks for your help so far...it will help me support my sister and son thru this

Another week until release date. Looks from here opinions here that bail/surety will not happen. Can anyone outline the timelines...I am assuming they will issue a deportation order oder on release day...then the solicitor will request an appeal...how long will it take them to respond ..ie to come back and say appeal hearing granted or appeal hearing refused.