Should This Woman Be Waling The Streets?!

[DarceyK123]

Just been reported in the local paper that a woman has been arrested and charged with the attempted murder of her ex.

This woman is a neighbour of my daughter but is still living her normal life at home with her children and new partner.

Is this right? I would have thought she would be held in custody awaiting trial.  But what do I know!?

[10ClarionSt]

Probably more than us, Darcey!

[barry1010]

People are only remanded in custody if they pose a danger to others or are likely to skip the country.  

[DarceyK123]

I would have thought that as she attempted to murder someone she would be a threat to others.

[THECORBYLOON]

An attempt to murder can take many forms and the risk to others would have been considered before granting bail which might be with conditions if considered appropriate.

[Ken4155]

What reason would she have to harm anyone else?  It would apear that it's her ex who she wants dead.

[Barmaid]

New Judge knows more about this than I ever shall, but there is a presumption of bail.  The Bail Act lays down the factors to be considered.  If remanded in custody, the case is subject to custody time limits (ie, the case must be heard within a certain time).  Unfortunately, the criminal courts are really struggling at the moment to bring the case to trial within those limits.  She is probably tagged and subject to a raft of conditions.  

[Buenchico]

Every defendant has the right to bail unless there's a specific reason as to why bail should not be granted.  The rules that magistrates are obliged to follow are given in this document:
https://www.cps.gov.uk/sites/default/files/documents/legal_guidance/Bail-Annex-1-2019.doc

[THECORBYLOON]

There's no presumed bail for the most serious offences and that includes attempted murder but the circumstances of the case and the accused must be that she is not thought to be a potential risk.

 

[Barmaid]

Actually, TCL, I think you are right with regards to murder or attempted murder.

Obviously it has been judicially determined and is right.

As an aside about 25 years ago, I did a bail ap for a lithuanian chap charged with rape.  Couldn't get a lituanian interpreter and had a russian one instead.  I suggested that he had local family ties and acted "in loco parentis" to his partner's kids.  During my submissions the prosecutor slipped me a note to say "latin to english to russian to lithuanian will translate as "my father is a steam train"".  

 

[douglas9401]

For clarity, is it wailing or whaling?
 

The latter could explain all the blubbering.

[1ozzy]

"my father is a steam train"

I'd hazard a guess that defence didn't work Barmaid😒

But was his English name Thomas?

[10ClarionSt]

I know someone who was charged with murder, was given bail and found not guilty at trial. 

[davebro3]

I though custody was mandatory for murder charges?

[Buenchico]

>>> "There's no presumed bail for the most serious offences and that includes attempted murder".

Nope!

A court may not grant bail, other than in exceptional circumstances, when a defendant is charged with certain serious offences and has previously been convicted of such an offence.  [s.25 Criminal Justice and Public Order Act 1994]
https://www.legislation.gov.uk/ukpga/1994/33/section/25

Otherwise exactly the same provisions apply to those specific serious offences as those which apply to any other offences:
https://assets.publishing.service.gov.uk/media/5e9f01a1d3bf7f0320a8f49a/Bail-and-refusal-of-bail-by-criminal-courts-and-police-officers-v5.0-gov-uk.pdf

[DarceyK123]

Thanks everyone for your input, think my daughter and other residents were hoping to see the back of the awful woman.   She causes all sorts of trouble in their otherwise quiet street.

[William51]

You are right. She should not be enjoy freedom after attempting murder.