bail conditions

[rio5294]

My daughter was assaulted by her ex boyfriend. He was later arrested and bailed on condition he does not contact her directly or indirectly and he does not enter our road. The day after he was bailed he was seen outside her school sitting in a car at school leaving time. He was told to leave by a teacher. The police were informed but they said they could do nothing because he hadn't said anything to her and the school was not part of his bail conditions. I enquired if his bail conditions could be revised to include the school but am still waiting to for an answer to my question from the police. I would be very grateful if you could provide some advice on this matter as soon as possible as I am a very worried father.

[oldmaggie]

I would consder sitting in a car outside her school as a breach of bail conditions, the argument being that he was contacting her indirectly. If he does it again call the police and tell them he is harassing her. If you get no joy from the police ask to speak to the senior officer at the police station and voice your concerns especially because she is a schoolchild. Don't get fobbed off. Good luck

[BDZ]

From what you've said it appears that he has not technically violated his bail conditions and so the police have no legal power to do anything. As the incident is a one off, then by itself it cannot constitute harassment since harassment requires there to be a course of action on more than one occasion.

[rio5294]

Thank you oldmaggie for your useful advice, I shall attempt to speak to a senior officer.

Thank you BDZ for your views, I do understand that technically he hasn't breached his bail conditions if he had I would be insisiting that the police re-arrest him.

My question was can his bail conditions, post magisitrates court hearing, be altered to include a specific area around my daughters' school as a no go zone unless,
for instance, he has a pre arranged appointment?

[oldmaggie]

to BDZ I know of at least one instance where a man on conditional bail not to contact directly or indirectly a person has been breached for acting in a similar manner to rio5294's daughters ex. This was in a magistrates court and the man was on court bail. Reading the question again I assume the man is on police bail conditions can be varied and should this go before magistrates rio should approach the prosecution and ask for the variation and give reasons for the request

[exmetpolice]

Bail conditions are wonderful things, however they are open to loop holes as you have experienced.

There are other options though.

The best being a non-molestation order. That is an injunction which could prevent him from having contact from her or coming within a certain distance. Breaking that order is a criminal offence and is arrestable.

Please google for HMCS and give them a call for more information.

Good Luck.