Behind Bars Once more? The Penalties of Expired Bail within the Auckland

August 30, 2023by Naomi Cramer

In the event you’ve been launched on bail within the Auckland, it’s important to grasp what occurs subsequent. Understandably, you can be feeling confused and anxious in regards to the bail course of and what is going to occur when your bail expires. In brief, when your bail expires, you might be required to seem in court. In the event you don’t attend court when required, a warrant could also be issued on your arrest. There may be, nevertheless, barely extra to it than that. On this article, we’ll clarify what occurs through the bail course of and what occurs when bail expires, and we’ll reply among the extra widespread questions we get about this – at occasions – bewildering subject.

What’s bail?

The time period ‘bail‘ refers to when you find yourself launched from police custody till your court listening to or trial. Not everyone seems to be given bail; a lot relies on the character of the crime you’re alleged to have dedicated, and the perceived threat of you being a hurt to the general public or to your self.

In case you are charged on the police station, you may be launched on bail thereafter. You may also be given bail after the primary court listening to when you are awaiting your trial date.

  • In case you are a suspect in an investigation, you’re launched on police bail
  • You probably have been charged with a crime and are awaiting trial, you’re launched on court bail

If the police or the court decides that you’re too excessive of a threat to be given bail, any time you spend in custody previous to your trial must be taken off any eventual sentence you’re given if you’re discovered responsible.

What does conditional bail imply?

When you’re granted bail, you aren’t merely free to go on the belief that you’ll flip up on the court on your listening to or trial. As a substitute, you’re launched on what is known as ‘conditional bail’. Conditional bail means that you’re launched, however there are situations connected to your launch. In the event you break these situations, you might be re-arrested and held in custody till your listening to or trial date (in addition to charged with additional offences, if that’s the behaviour that broke your bail situations).

Examples of the most typical bail situations are:

  • being required to dwell at a selected handle
  • being prohibited from contacting sure individuals
  • having at hand in your passport to the police so you can not go away the Auckland
  • having to report back to a police station at agreed occasions (e.g., as soon as per week)

What occurs when bail expires?

You probably have been launched on police bail, your bail will expire when the police both:

  • cost you with a crime
  • launch you with out cost

You probably have been launched on court bail, your bail will finish when:

  • your case is dropped (e.g., if the CPS decides to not cost you)
  • you’re sentenced (if you’re discovered responsible)
  • you’re discovered not responsible and informed ‘you’re free to go’

When bail ends, you’ll both have been charged or convicted, thus might be instructed by the police or the court what comes subsequent. Or, you can be launched with out cost or discovered not responsible, and due to this fact might be free to return to life as regular.

What does it imply if bail is prolonged?

If the police or the court wish to preserve you on bail however want extra time to research what has occurred, they’ll lengthen your bail. This often occurs if there’s a advanced investigation, or if a couple of suspect is concerned. You can be given a brand new bail date and should return to the police station or court on that date.

In case you are arrested on suspicion of a brand new crime when you are on bail, your bail for the unique offence will often be cancelled. You would possibly then be launched on bail for the brand new offence, otherwise you may be stored in custody till your trial or first court listening to.

Can bail situations be modified?

The police or the court can change your bail situations at any time. For instance, they could loosen up the situations in the event that they suppose you’re cooperating with their investigation, or they could make the situations stricter in the event that they suppose you’re a threat to your self or the general public.

If you wish to have your bail situations modified, you want to speak to your solicitor. They’ll apply to the police or court to have the situations modified and can symbolize you at any hearings which can be held to resolve whether or not to alter the situations.

Do police examine bail situations?

The police can examine to see if you’re complying along with your bail situations at any time. They may, for instance, flip up unannounced on the handle the place you’re purported to be dwelling or name you into the police station for a chat. Likewise, somebody would possibly report you for breaching bail situations (if you happen to speak to somebody you aren’t purported to, for instance) after which they could examine that, with or with out your data. In the event that they suppose you might have damaged your bail situations, they’ll arrest you and take you again to custody.

Can bail situations be dropped?

The police or the court can drop bail situations at any time. For instance, if you’re launched on bail with a situation that you just dwell at a selected handle, however then the police realise that you just now not dwell there, they could take away that situation out of your bail or they could add a brand new situation referring to the brand new handle.

Folks could be on bail for weeks and even months at a time, so it is sensible that bail situations could be charged or dropped to accommodate for any adjustments in your life.

What occurs while you return to the police station after bail?

In case you are known as again into the police station on the finish of your bail, the police will both cost you with an offence or they’ll launch you with out cost.

How lengthy are you able to be on bail for with out being charged?

Beneath the Police and Criminal Proof Act 1984, the police may maintain you on bail for so long as they appreciated. This meant that investigations went on for weeks, months, and even years at occasions, and this put an enormous pressure on the lives of these launched on bail. For a lot of, they waited in limbo for updates from the police that always by no means got here.

The excellent news is that the regulation has now been revised. Beneath the newer Policing and Crime Act 2017, suspects are actually most of the time ‘launched below investigation’, which is like being launched on bail besides there are not any situations connected. How lengthy can police preserve you below investigation? Apparently, there isn’t a time restrict on being launched below investigation.

In case you are launched on bail, nevertheless, you’re possible nonetheless to get situations connected to your launch. There may be, nevertheless, now a time restrict for bail. The police can solely preserve you on bail for a most of 28 days, until the bail is prolonged by a senior officer (superintendent rank or above). Senior officers can usually lengthen bail for one more three months, however something after that needs to be authorized by the Magistrates’ court.

Word that instances being investigated by the Monetary Conduct Authority (FCA) or the Critical Fraud Workplace (SFO) can lead to longer bail closing dates.

Are you able to go to jail for breaching bail situations?

Sure, that is known as being placed on remand. You would possibly get placed on remand for quite a lot of causes, together with if the police:

  • wish to examine you for a brand new crime when you are on bail for one more crime
  • suppose you may not flip as much as your subsequent court listening to
  • suppose you would possibly intervene with witnesses or in any other case attempt to affect the end result of your case
  • suppose there’s a threat you’ll harm your self or different individuals

What occurs if I contact somebody on bail?

Usually, there’s nothing prohibiting individuals from contacting individuals which can be on bail. The one exceptions are if the contact would breach a bail situation that you’ve got your self (i.e. if you’re on bail and you’ve got been informed to not contact another person who’s on bail as effectively) or if the contact might be classed as harassment.

How do I report breach of bail situations?

In the event you suppose somebody has breached their bail situations, you’ll be able to contact the police on 101 (or 999 whether it is an emergency). You can too report this on-line.

The police will then examine and, in the event that they suppose there was a breach of bail, they could take motion.

The place to get extra assist with bail situations and expiry

In the event you want extra assist understanding your bail situations, or what occurs when bail expires, get in contact with the prison defence consultants at Stuart Miller Solicitors. Our workforce has years of expertise advising clients on all features of the prison justice course of, together with bail. For a free, no-obligation session about your choices, get in contact with us right now.


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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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