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Answering Police Bail, Chances Of Nfa

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Lost321 | 18:40 Wed 27th Mar 2013 | Criminal
12 Answers
I am due to answer a Police bail shortly, I was arrested and released on Police bail for two months without charge (Handling, pending further investigation). Myself or my solicitor since then haven't heard anything back from Police.

As I understand, Police could come back to re-arrest a suspect if they have obtained sufficient evidence to charge/charge has been authorised by CPS so not hearing anything back from Police during bail (re-arrest/court date) can be seen as positive(NFA)?

I do appreciate that one can't really predict anything for certain in this situation but I am just very stressed and trying to get some opinions on my chances of NFA?

Any input will be highly appreciated, Thanks.
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Both the police and the courts MUST provide bail unless there is a specific reason not to (e.g. it seems likely that the accused person would commit further offences while on bail, or that he might interfere with witnesses). So the police would only seek to reverse that action if their investigations showed that one of the reasons for refusing bail had come...
18:51 Wed 27th Mar 2013
Hi Lost

Chill out. Re-arresting an accused is mainly used for a number of other tactical matters and not usually needed to simply charge a person already on bail for the original offence.

The reality is, this inquiry 'could' take some time due to the nature of what they are trying to prove or disprove. Dealing with fraud / theft offences that involve data request is a bureaucratic red-tape nightmare for a 'state' investigator but no news is good news at the mo.
Both the police and the courts MUST provide bail unless there is a specific reason not to (e.g. it seems likely that the accused person would commit further offences while on bail, or that he might interfere with witnesses). So the police would only seek to reverse that action if their investigations showed that one of the reasons for refusing bail had come into play.

It's normal not to hear anything while on bail, and nothing should be read into it either way. However your solicitor might be told, just before you're next due to attend the police station, what will happen when you arrive. For example, if he's told that you'll simply be re-bailed until a later date, he'd probably decide that it was unnecessary for him to attend. Similarly, if it was made clear that you'd be charged and then re-bailed (without any further questioning) he'd probably also see no point in his attendance. (He'd only attend if you were to be questioned again or if the police notified him that they would be refusing further bail or imposing additional bail restrictions; he could then seek to challenge those decisions).

Chris
When I say accused: (definitions in most basic format lol)

Suspect = Been named as involved in crime
Accused = Been nicked or formally questioned by the cops
Defendant = charged or summonsed to Court
Offender = Found or pleaded guilty to charge
Question Author
Thank you both, your comments are always appreciated.
It is difficult (and not proper) to predict the outcome of most cases that are summarised by one side I'm afraid Lost, but the police certainly have some work to do on this, what would appear to be a simple case, to prove your dishonesty.
Question Author
So, I am officially accused then:) as I was arrested and formally interviewed.

Personally, I still believe that it wasn't correct to arrest me at work if sufficient evidence was not available to charge/further investigation was required. I could have been asked to attend station voluntarily as I called twice to get info regarding home search but wasn't given any over the phone.

My full time job has been messed up because of this arrest.
That is certainly some thing you could take up with the police. (issue of why arrested).

Yes officially 'accused' but does not mean you are an 'offender' of crime. 100's of people are accused of crime daily (including cops).
Question Author
Thanks.

Would you have any idea what happens if I change solicitor in terms of Police contact?
I meant, if I transfer my case to another firm then new law firm/Solicitor would have to contact Police personally to let them know that case has been transferred to them or does this info get updated automatically somehow in central database?
Yes, the Custody record will need to be up dated and the officer in the case should be informed.
Sorry, I didnt answer your question. Yes the new solicitors should up date the police custody officer who should then inform the OIC
Question Author
Thanks Orderlimit.
Question Author
Few more days to go before I answer my bail and still no contact from Police:( It's really getting me worried and stressed. Though I am trying my best to not think about it all the time but it isn't really working at the moment.

I am just wondering if anyone knows that roughly how long before answering a bail date, one should receive a NFA letter if NFA has already been decided?

I have seen quite a few cases online where people get no letter at all and get to know NFA only upon answering the bail.


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