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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice.
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My brother is currently on bail because a woman who he slept

Customer Question

My brother is currently on bail because a woman who he slept with claimed that he raped her. This happened March last year. The police took his mobile phone and his clothing that he was wearing for forensics. However every time his bail date comes up they keep extending it due to the lack of evidence to support the woman's claim. How long are they aloud to keep extending his bail for and how long are they aloud to keep the case open due to the fact of the lack of evidence.
Thanks
Submitted: 4 months ago.
Category: UK Law
Expert:  Jo C. replied 4 months ago.

There are no time limits I'm afraid.

Rape is an indictable only offence so they are not under pressure of time.

There is suggestion that the HRA may prevent very long bail back periods but that hasn't happened yet. Also, it would be more applicable to people who have onerous bail conditions rather than just people on bail.

This will not be an issue of lack of evidence. There is evidence. She says he raped her. That is evidence. The issue will be waiting for CPS advice. There is massive backlog both at the lab and within CPS.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
because it is an indictable offence then chances are it will end up going to crown court for trial. What will the process be if it goes to trial because the only evidence they have is the woman's word which I understand that it is evidence but there is no other evidence to back her words up. It is a long, tedious process and considering rape is meant to be classed as a serious aligation there not exactly quick off the mark to sort the case out. It's like they are playing god with peoples lives as such a false aligation can deteriorate a persons mental health. Does he have no rights or no organisation he can contact about the length of time this has been going on forThanks
Expert:  Jo C. replied 4 months ago.

It will end up in the Crown Court. it cannot be tried elsewhere.

Expert:  Jo C. replied 4 months ago.

As I have said really, they are not under time pressure because it is indictable only.

There is suggestion that the HRA may prevent very long bail back periods but that hasn't happened yet. Also, it would be more applicable to people who have onerous bail conditions rather than just people on bail.

Therefore, there isn't an action that can be taken over the bail back time.

Customer: replied 4 months ago.
What advice will they be waiting for from CPS
Expert:  Jo C. replied 4 months ago.

It depends.

There might be other enquiries to be made.

Or they might be waiting for a charging decision.

Customer: replied 4 months ago.
If it is a charging decision is that when it will go to crown court
Expert:  Jo C. replied 4 months ago.

Yes, it will go to the Magistrates first for sending to the Crown Court but it can only be tried in the Crown Court.

Customer: replied 4 months ago.
Sorry in asking loads of questions that sound daft to you. Is his type of bail onerous. What are the different conditions between onerous bail and bail
Expert:  Jo C. replied 4 months ago.

No.

Onerous conditions of bail would be something like bailed to live away from your children.

or unable to work for a year.

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