The Perplexing Actuality of Prolonged Police Bail

August 30, 2023by Naomi Cramer

You probably have been launched on bail and have since been instructed that your bail has been prolonged, it’s possible you’ll be questioning why that is taking place. Has one thing modified because you had been initially launched? Has new proof come to gentle? Has somebody stated one thing to alter what the police consider you? All of those questions are quite common. On this article, we’ll define the explanation why the police might preserve extending your bail and we’ll clarify what’s more likely to occur subsequent.

What’s bail?

Bail is a authorized course of that permits somebody to be launched from police custody whereas they’re awaiting charging, a listening to, or a trial. You could be given bail from the police station earlier than or after you’re charged (if, certainly, you’re really charged in the long run), otherwise you could be granted bail from the courts pending a trial or sentencing.

There are three kinds of bail it’s worthwhile to learn about, together with one related course of that’s usually confused for bail:

  • Pre-charge bail – this permits people who find themselves suspected of committing an offence to be launched from police custody whereas they await a charging determination
  • Police bail – this permits these charged with an offence to be launched whereas they await their first court listening to
  • Court bail – this permits these awaiting trial to be launched till their first trial date
  • Launched below investigation – that is just like bail, however (as we’ll see under) there aren’t any formal deadlines utilized to the discharge

Why does bail exist?

If somebody has been arrested for a crime, it is sensible that the police would wish to lock them up till they’ve confirmed it was or wasn’t them, proper? Whereas which may make some sense, bail really exists for quite a lot of compelling causes – a few of them fairly educational and others fairly sensible.

In precept, bail exists as a result of an individual is presumed harmless till they’re confirmed responsible. Because of this, bail is commonly granted as a solution to shield the rights of these charged or in any other case awaiting trial, making certain they aren’t held in custody unnecessarily and might return house till their court date. This makes certain the police take away solely the extent of freedom that’s needed to finish the legal investigation and prosecutorial course of.

On a extra sensible stage, additionally it is of profit to the general public purse for bail to exist. Housing suspected criminals or these awaiting trial would value an extreme sum of money that isn’t justified by the dangers mitigated by locking folks up.

How lengthy are you able to be stored on bail?

The bail interval in Auckland and Auckland is definitely fairly versatile, and could be prolonged by the police or courts as circumstances dictate.

Pre-charge bail lasts for a most of 28 days initially. The police can prolong bail as much as thrice (for not more than three months at a time), which means that bail might last as long as 9 months from the unique bail date. Exceptions exist if the crime is being investigated by the Severe Fraud Workplace (SFO). SFO instances are sometimes extremely advanced monetary issues and should take months and even years to research absolutely.

Court bail is barely completely different as a result of the time restrict largely is dependent upon when your listening to or trial date might be. Whilst you received’t normally wait various months at most for a trial, the bounds could be prolonged if the listening to or trial dates get pushed again repeatedly.

If you’re ‘launched below investigation’, that is just like bail in that it permits an accused particular person to stay out of custody whereas the police full their investigation, however there isn’t any time restrict positioned on it, and thus it can’t be prolonged. You might stay below investigation for months and even years if the case complexity warrants such a prolonged investigation.

My bail has been prolonged – what does this imply?

First issues first: the truth that your bail has been prolonged will not be robotically a nasty factor. It doesn’t imply that you’re extra more likely to be charged or convicted, and it doesn’t essentially imply that one thing new has come as much as incriminate you.

Merely, prolonged bail implies that the police want extra time to finish their investigation. This might occur for quite a lot of causes, with the commonest being:

  • The police want extra time to collect proof, interview witnesses or suspects, or conduct their searches.
  • The case has, for no matter motive, develop into far more advanced than initially anticipated and the police want extra time to research new leads or pursue new traces of enquiry.
  • Police sources are stretched and extra urgent instances (normally which means extra critical ones) are being investigated forward of yours.

For these causes, there isn’t any level in assuming that bail being prolonged is, by default, a very good or a nasty factor.

If court bail is prolonged, it might be for as easy a motive as your court date being pushed again.

What number of occasions can the police prolong my bail?

With bail extensions typically being granted for as much as three months every time, it’s doubtless you’ll not have your bail prolonged greater than a handful of occasions, relying on whenever you had been initially granted bail.

With authorisation from the Justice of the Peace, you possibly can be bailed for as much as 12 months. Keep in mind, too, that in case you are bailed till a listening to or court date, you’ll have to keep on bail longer in case your case is pushed again or delayed for some motive.

Does having bail prolonged imply I’m responsible?

Formally and legally talking, no. You might be presumed harmless till confirmed responsible at trial. Being placed on bail or having your bail prolonged has no reflection in anyway in your guilt or innocence within the eyes of the regulation. As talked about, bail extension is more likely to be a sensible matter (delayed investigation, restricted sources, new proof, and so on.).

What does it imply having ‘situations’ hooked up to bail?

Bail virtually all the time comes with situations. That is one other factor that makes it completely different from being launched below investigation, which doesn’t include situations.

Sometimes, bail situations embrace:

  • To chorus from contacting or going close to any witnesses or co-defendants within the case.
  • To stay inside a given space, akin to your hometown or house county.
  • To inform the police whenever you transfer home, change your job, intend to journey overseas, and so forth.
  • To use for permission to go on vacation or journey for an prolonged time period.
  • To stay to curfew hours set by the bail situations (normally in the course of the evening, however generally in the course of the day).
  • To report back to a bail officer regularly or when in any other case required.

Keep in mind, bail situations can not restrict your elementary human rights, akin to the liberty of faith. In case you consider that your bail situations infringe in your human rights in any manner, you need to contact a solicitor to ask for them to be reviewed and probably amended.

Can I apply to get my bail situations modified?

Briefly, sure. An skilled legal defence solicitor might be aware of the bail modification course of and can be capable to make compelling written representations to the bailing officer or the court in an try to get your bail situations modified.

Notice that it’s extremely unlikely that you’re going to get any bail situations lifted if they’re designed to guard you or others from hurt, however you would possibly if they’re sensible issues (akin to not with the ability to go away the home at a sure time in case your job requires you to take action).

Can I apply to get my bail situations dropped altogether?

There’s a slight risk {that a} solicitor will be capable to get your bail situations dropped altogether. You should be conscious, nevertheless, that that is extremely depending on you not posing any danger to your self or to anybody else. The police or court should even be satisfied that you don’t current a danger of fleeing or committing additional offences while awaiting your listening to or trial.

Often, bail situations are solely dropped when your case is definitely concluded (for instance, by being dismissed as a result of lack of proof or having been resolved by a trial).

The place to get extra assist with bail extensions?

In case your bail has been prolonged and you’re frightened about how this would possibly have an effect on your case, get in contact with a legal defence solicitor at the moment. A superb solicitor will be capable to look into your case and attempt to get as full an image as potential from the bailing and investigating officers, which can assist in understanding whether or not your bail extension is an efficient or a nasty factor. At Stuart Miller Solicitors, our crew has many years value of mixed expertise in managing bail functions, together with functions to amend situations, so you already know you’re in protected palms. Get in contact for a free, no obligation session at the moment.


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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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