clarifying bail conditions

[nailit]

Im currently on police bail. My bail conditions are to reside at my home address.
Last night I was at a friends house when I had to phone the police regarding an incident that was happening. After dealing with the incident a rather snotty wpc then turned to me and said that I was in breach of my bail conditions as they state that I should be residing at my home address. After arguing with her that I was breaking no bail conditions by been at a friends house she then arrested me for been in breach of bail. It was 11.30 at night and I protested that I had no curfew to be home at a certain time and that I was entitled to stay with friends if i wished. Once in the police car I told her that she was going to look foolish in an interview with my solicitor present. After a few minutes she said that she was going to de-arrest me and they took me home. I have not been able to speak to my solicitors today but I would like to know if I have broken any bail conditions by been at a friend house? Also whos to say exactly what time I should be home for anyway?
I think I was unfortunate eneough to come into contact with one of those officers that give the rest of them a bad name but would like to clarify my bail anyway.
Thanks for any answers or advice.

[LCDMAN]

If your bail conditions are that your reside at your home address then what makes you think it is OK to be somewhere else, especially at that time of night and intending to stay over? Are you a bit slow??

[baza]

as you say your bail conditions state that you reside at your home address then why do you think it's ok to stop over at the hilton, ritz or your mates home.

[nailit]

LCDMAN...why dont you get your head from up your ass. Idiot.

[shoota]

That condition means that you must live and sleep each night at your home address. If no hours are stipulated as long as you attend your h/a at some point during the night to sleep then you do not breach your bail.
Thats my understanding of it - which is probably why you were de-arrested.

[RATTER15]

As far as im aware residing at an address does not mean that you cannot leave it, I would understand it to mean that he must not change the address of where he is living. If he cant leave the address, surely that would be house arrest.

[baza]

your brief should have explained your bail conditions to you at the time, however if you had that bl99dy great chip on your shoulder then perhaps he/she could not be bothered.

[shoota]

http://www.cps.gov.uk/publications/prosecution/rrpbcrbook_annex_c.html

[nailit]

shooter and RATTER. Thank you for sensible replies. My understanding of the word RESIDE means to live at. I have no conditions that state that I must sleep there and nothing stating that I have to be home at a certain time. Because it was 11.30 at night is immaterial and its nobodys business what time I choose to go to bed.

[nailit]

shoota, why the link to racist and religious crime?

[shoota]

If you read my link nailit there is an expectation that you return at night to sleep as part of the term 'reside'.
If you don't you could be hauled back and have a curfew imposed.

[shoota]

Tab down a bit....

[boxtops]

That's the way I read it - "reside" doesn't mean "spend the night where I like"- although I agree that the definition of reside is to dwell permanently.

[nailit]

Thanks for that shoota. Seems a bit of a grey area though when it comes to exactly what time I would be breaking my conditions. Do I have to be home by 9oclock? 10? 11? 12?
Whos to say what time I choose to go to bed?

[boxtops]

When you like, IMO, nailit, as long as you actually sleep there - as you say, you're not on a curfew.

[sherrardk]

Isn't it in your best interests to show a bit of common sense about your bail conditions, I presume you don't want to spend Christmas in prison?

[shoota]

It is a very mild bail condition if it is the only one you have, it is basically to stop you moving away and becoming uncontactable.
If the courts wanted to restrict your movement at night time they would have imposed a curfew as you say. However if I were you I would 'play the game' and be in by midnight or, as I said, application to impose further conditions could be made.
It can't be for very long surely?

[nailit]

sherrardk, I honestly wasnt aware that I was breaking any bail conditions.

[sherrardk]

Nailit, not saying you we're, just that maybe you should just be a bit sensible about it. No point aggravating the police as they could make your bail a lot mor restrictive.

[nailit]

shoota, ive had these conditions since May without any problem (in court Jan 16)

[ronnietoon]

nailit unless there was a specific time on your bail sheet they don't have a leg to stand on.

be careful with them though as they took great delight in turning up at mine nearly every night at all hours when i was on bail about ten years ago,to the point i asked my solicitor to get me tagged.

don't go down that route as if the magistrate is hungover/in a bad mood they could remand you