bail application for abh whulst already on bail

[littlesans]

i have a brother in law in remand for abh as he was on bail from a previous offence he committed 2 years ago which is at trial on the 28th , the new charge is in court this friday , the case for the prvious abh is bound to be dropped as theres no evidence but this one he punched someone while a group of twenty surronded him he was outnumbered and defended himself although to of his freinds committed violence and i think the judge has classed it as group mentality , he was surronded and hit them and then tried to break it up but the legal aid solicitors havent even read his statement yet and i dont think the court has the images of them being outnumbered and the others apptoaching in cars , he relly was in the wrong place wrong time . and now i need to know how to best get a bail application granted , quickly i dont have money to offer the court security what els ecan i give to show he wont run away or that hes not a risk to the public , and also what are the chances of him being given an ancillary order or even getting charges dropped to common assault as there wont be a custodial, i need a check list of what to do next ,how can i ask for cctv of them outnumbering or can they adjorn until they get the cctv i request.

[Bobbisox]

it may not be wise to discuss the case before then littlesans, on a public forum?
I am very likely wrong about this mind you

[littlesans]

THANKS BOBBISOX BUT I NEED HELP TONIGHT CLUTCHING AT STRAWS

[TTG]

Maybe ask if he can report to police station every few days or do you have good character witnesses (people in authority who know him well enough to say he is of good/sound character). Good luck.

[dotty.]

What does your brother-in-laws brief think? Is this your sisters husband or your wife's brother? How old is he? Is he on remand because he has bailo conditions?

[littlesans]

yes he broke bail by this new offence but he aint guilty , im not a doctor but have had a tillness that could have killed me an he has been an excellent support could i testify to his characters thanks dotty

[New Judge]

It is impossible to forecast the likely sentence from the details you give.

As far as the immediate problem of the bail application goes, defendants have the right to unconditional bail unless the judge or magistrates have reason to believe that he will (a) Fail to return to court on the date as ordered; (b) Commit further offences; or (c) Interfere with the judicial process (in particular interfere with witnesses).

Your brother-in-law has been charged with another similar offence whilst still on bail. At the first hearing for the new offence Magistrates will not be concerned with his possible guilt or innocence of either of the offences. They are unlikely to release your brother-in-law on unconditional bail. They may consider conditional bail if they can satisfy themselves that any conditions they might impose will prevent or at least substantially lessen the risk of him committing further offences. (For example, if the offences were committed at night they might impose a curfew to keep him in when he is prone to get into trouble). If they cannot be satisfied that conditions will lessen the risk they will remand him in custody.

An offer of a security or surety (a pledge of a sum of money) would not be appropriate to secure bail in this case and is unlikely to be considered.