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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Conditional bail?

96 replies

Startingagain86 · 11/06/2022 09:14

How long does it last for? My partner is on conditional bail and has been for nearly a month, the conditions being he can’t come to the house or contact me. The case (he is being investigated under suspicion of ABH) has only just been sent to the CPS. He has not yet been charged and I have been told that the CPS have 100 days to make their decision. I miss him so much and intend on being with him. Is there a limit to how long the bail conditions can be imposed for? And is it possible to get them changed? Thank you.

OP posts:
Thingsdogetbetter · 11/06/2022 09:27

ABH against whom? You? If so, I think you should be using this time to educate yourself on trauma bonding and co-dependency. And perhaps consider the Freedom Programme. Use this time to really think about why you 'intend?' to be with someone the police, notorious lax on dv cases, consider a danger to you.

Startingagain86 · 11/06/2022 09:29

I appreciate your opinion but it doesn’t answer the question asked. Relationships are not always as clear cut as that and I haven’t stated that the alleged attack even took place. It was not me who made the complaint to the police and I do not want them involved.

OP posts:
Karlwrenbury · 11/06/2022 09:31

Just because you don’t mind the offence doesn’t mean it’s acceptable

cps often prosecute regardless

Cod · 11/06/2022 09:31

bail conditions can go on for ages. Years

EvenMoreFuriousVexation · 11/06/2022 09:35

I'm not a legal professional but my understanding is that bail conditions continue until either charges are dropped or it goes to court and he's found guilty or not.

I know you didn't ask for opinions on wheth

EvenMoreFuriousVexation · 11/06/2022 09:38

Sorry... Site is being a bit weird on my phone.

I know you didn't ask for other opinions but think very carefully about whether you want to continue a relationship with a man who has had these conditions imposed, given the lack of support for prosecution from you, and usual police inaction on DV. If you have children then there could be SS involvement if you continue a relationship and ultimately they could be removed from you.

LIZS · 11/06/2022 09:40

They stay in place until the decision is made and it goes back to court. Have you considered the Freedom programme to examine why you tolerate aggressive behaviour.

AttilaTheMeerkat · 11/06/2022 09:40

No set ending date.

A conditional bail is set when the defendant poses an escape risk. In that case, the court adds conditions to their release. If the defendant fails to comply even with a single condition, their bail privilege will be revoked and they'll return to jail to wait for their trial.

Do you really intend to wait for someone like this person?. You cannot love someone like this better and you're being dragged down with him.

Startingagain86 · 11/06/2022 09:42

I don’t think it is very likely that an ABH case will take years.

OP posts:
elephantbreathing · 11/06/2022 09:48

Startingagain86 · 11/06/2022 09:42

I don’t think it is very likely that an ABH case will take years.

Hope it does in your case as you are considering taking a violent partner back into your life.
He will, without doubt, be violent again.

Hoardasurass · 11/06/2022 09:55

@Startingagain86 it could well take 18 months-2 years by the time the cps makes a decision and then a preliminary hearing with a trial date set for several months ahead add to that lawyers (usually the defence) requesting adjournments etc so the trial will be delayed further. Even after the trial (if found guilty) there will be a sentencing hearing which can ask for reports etc from ss and other agencies so further delay to proceedings of several months all the while he will be under bail conditions so yes it could be years Even for abh

looondonn · 11/06/2022 09:56

Oh my god please do not

He is vile

Awful

He will kill you

Get to womens aid so they can show you how this all works and what he will do next

I hope and pray cps take this forward regardless

looondonn · 11/06/2022 09:57

Hoardasurass · 11/06/2022 09:55

@Startingagain86 it could well take 18 months-2 years by the time the cps makes a decision and then a preliminary hearing with a trial date set for several months ahead add to that lawyers (usually the defence) requesting adjournments etc so the trial will be delayed further. Even after the trial (if found guilty) there will be a sentencing hearing which can ask for reports etc from ss and other agencies so further delay to proceedings of several months all the while he will be under bail conditions so yes it could be years Even for abh

Yes

This is correct

I reported my abuser april 2019
CPs decision June 2020
Court date sept 2021
Then adjourned for 18 months

This can happen and is very common

Startingagain86 · 11/06/2022 09:59

There are no children involved. I do not know how people can make such sweeping statements as ‘he is vile’ when I haven’t divulged anything about the alleged incident.

OP posts:
failingtomatoes · 11/06/2022 10:01

Startingagain86 · 11/06/2022 09:42

I don’t think it is very likely that an ABH case will take years.

I think you are probably right. In my experience if it's nail for further enquiries then they have 28 days and can ask for an extension to continue. If it's been sent to CPS then it is unlikely to take 100 days for ABH unless they identify further enquiries to make a charging decision. If you are the victim and they are pursuing a prosecution regardless, that would indicate grave concerns for your safety. If CPS decide to charge those conditions will stay in place and they will request the court to continue those conditions. Whilst awaiting trial. I would urge you to continue to engage with IDVA and witness care and you may find that they can offer you an insight into why women remain in abusive relationships.

Steelesauce · 11/06/2022 10:04

You're looking at upto a year. If he's charged by CPS maybe upto 2 more years to get through the court system.

It would have been thrown out in a few days by CPS if there was wishy washy evidence.

Startingagain86 · 11/06/2022 10:04

Thank you for this. I do understand why people are so didactic when it comes to domestic violence cases but the reality is sometimes more nuanced. I am not stupid. I know my partner poses no danger to me and I know I want to be with him. It would be much easier for me to walk away but I do not want to.

OP posts:
Startingagain86 · 11/06/2022 10:05

It has only just gone to the CPS for a decision.

OP posts:
AttilaTheMeerkat · 11/06/2022 10:07

He's assaulted someone causing actual bodily harm.

Your partner is on conditional bail which means he is an escape risk. He has also been barred here, and rightly so, from contacting you in any way. Do you still want him in your life despite the above?. If yes, ask yourself why that is.

sunscreenandsaltwater · 11/06/2022 10:08

Up to 18 months isn't uncommon at all.

IF he hit you, he WILL hit you again.

AttilaTheMeerkat · 11/06/2022 10:12

"I do understand why people are so didactic when it comes to domestic violence cases but the reality is sometimes more nuanced".

What do you mean by the reality is sometimes more nuanced?. This really makes no sense at all.

" I am not stupid. I know my partner poses no danger to me and I know I want to be with him. It would be much easier for me to walk away but I do not want to".

You really do not know and you cannot assume he would not be violent to you because you love him. You only see what you yourself want to see and denial is a powerful force.

Ask yourself why you do not want to walk away; there are reasons for that. Did you also grow up seeing such behaviour from parents and/or other family members?.

I presume the person who was assaulted did not think he would be capable of such an action either - until he was.

JaniceBattersby · 11/06/2022 10:15

There are major delays in the court system at the moment. If he goes to the mags court and pleads guilty at the first opportunity then that will speed things up, but it can still be many months between crime and first appearance at court (about 10-12 in my part of the country)

Bail conditions can be lifted on application by the court but his solicitor may be reluctant to make an application before the conclusion of the case. And obviously you will have to wait until a court date is actually set before making an application.

I suggest he speaks to a legal representative. He should have had one when he was questioned? Contact them.

SamphirethePogoingStickerist · 11/06/2022 10:16

Startingagain86 · 11/06/2022 09:59

There are no children involved. I do not know how people can make such sweeping statements as ‘he is vile’ when I haven’t divulged anything about the alleged incident.

Despite everything you say an outsider to your relationship was so alarmed by whatever happened they called the police and gave a statement that resulted in them arresting him. I would assume they saw you, spoke to you, maybe you even went to hospital, but that is immaterial. Regardless of what you say now, the incident so alarmed someone that the police consider it to be actionable and have passed it to the CPS.

That he has conditional bail infers that he is not a first time offender, has something in his life that gives the police reason to believe he can and will flee.

So posters here are trying to get you to have a rethink. Is there something you are not allowing yourself to think? Something you are downplaying? Is he contacting you, pressuring you to do something to stop this? Is he contacting to tell you how much he loves you and misses you? Because that would be behaviour you need to be wary of!

Nobody is trying to make you feel bad. Many women here have had similar experiences and ant you to be safe. We don't actually care about him, but you have posted and asked for information These are the replies you are getting: Conditional bail should give you pause for thought. Use the time he cannot be with you to rethink your relationship with him but most of all BE SAFE!

Toddlerteaplease · 11/06/2022 10:22

Startingagain86 · 11/06/2022 09:59

There are no children involved. I do not know how people can make such sweeping statements as ‘he is vile’ when I haven’t divulged anything about the alleged incident.

You don't need r divulge it. Anyone who behaves like that is vile.

Startingagain86 · 11/06/2022 10:26

Firstly it does make sense. Not everything in the world is black and white.

I am the person he allegedly attacked.

No I did not see or experience any abuse growing up.

The assumptions made here are ridiculous.

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