Legislation returns Police Station Bail to normal

13th July 2011
Legislation returns Police Station Bail to normal image

Legislation returns Police Station Bail to normal

Further to our recent article in which we highlighted the chaos that had been caused to Police Station bail returns following a court decision made in the case of Hookway, we can now confirm that the emergency legislation has been passed bringing the situation back to normal.

The Act was passed on 12 July 2011 and provides that periods spent on bail do not count towards the total detention period. This means that is someone is arrested and held in custody for 10 hours and then released on bail the custody clock is frozen and if they are booked back in to custody when they answer bail the police could detain the person without charge for up to a further 14 hours.

What does this mean for suspects? Unfortunately this means there is no problem with the police bailing on numerous occasions with no time limit for making a decision in the majority of cases. For summary only offences such as common assault there would be a six month time limit to lay the charge but for any offence which is capable of being heard in the Crown Court, the police can keep re-bailing often leaving persons on bail for significant periods of time.

Unusually the legislation is retrospective and so cuts off any possibility of civil claims for false imprisonment against the police for persons who were detained prior to this Act being passed.

If you have been arrested or need any advice on a police station investigation please do not hesitate to contact Daven Naghen or Anita Toal of our offices on 01775 722261.


How long do I have to wait for a divorce? image

How long do I have to wait for a divorce?

You can apply for a divorce immediately, but that does mean that you would have to do so on the basis of your spouse’s  adultery or behaviour. While that does not sound very appealing and may cause some argument, we can limit what you have to say about your spouse, and also send them a draft petition before we send it off to make the situation as amicable as possible.

If you have been separate for 2 years or more, then you can apply for a divorce with your spouse’s  consent without the need to prove any adultery or behaviour; if your spouse left you 2 years ago or more you can apply on the basis of ‘desertion’ without their consent and also if you have been separated for 5 years or more you can apply for divorce in the same way

In terms of how long the divorce might actually take, it does vary case to case, however it may take around 6 months from start to finish and in some cases longer although in the meantime progress can be made in sorting out finances

Our expert family team will be able to give you an estimate of time once they know more about your case and are happy to help with your divorce. If you would like further advice, please call 01775 722261 to arrange a meeting, or email anita.toal@maplessolicitors.com

Read More

Testimonials

Jamie Dobbs SCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.