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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice.
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I'm currently on bail since 2nd of July it has been extended

Customer Question

I'm currently on bail since 2nd of July it has been extended once and this is the second time that it is being extended. in the bail condition is that I'm not allowed to see my daughter or go home. Although all my family are distressed by this and affecting everyone. Police didn't give any reason and I'm afraid that they may keep extending the bail which means I won't be able to see my daughter and be home indefinitely!
Can they keep doing this? Their reason is they are still investigating CCTV footage.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hi. What is the allegation ?

Customer: replied 1 year ago.
Aggressive towards my 11 year daughter. I did slap her on the face once only and her friend saw that which she reported it to her parents who in turn informed the school/social services and then police. I did admit to that, and that I made a huge mistake and I feel very sorry for it and it only happened once. They asked my wife to press charges and she refused and we are still fighting to get this resolved. it is affecting everyone in the family, my daughter even refused to go back to school asking to see her father.
Expert:  Jo C. replied 1 year ago.

Yes, I understand. Unfortunately that is what happens when people report this type of nonsense to the police. They have a duty to act when it is reported. I'm sure most people have these disputes and just don't get the police involved in it.

The short answer is that they can keep rebailing you Im afraid. If this is going to be a common assault then they have to lay an information before the court within six months so there are time pressures. You would have the defence of lawful chastisement though.

If it is going to be child cruelty then that is either way and so they are not under time pressure. I have to say that I am not sure that one instance of a slap with the palm of the hand amounts to child cruelty though.

It is to be hoped that when this is over with this may be avoided for the future by not making reports.

Sorry if that is bad news. Can I clarify anything for you? Jo

Customer: replied 1 year ago.
Thank you for your advice, I have been told that if a Defendant’s court case is seriously prejudiced by an unjustifiable delay by the police, then the Court can dismiss the charges if there has been an abuse of process. This is something I will ask the lawyer to pursue, because this delay is affecting us in a very serious way.
Agree regarding the slap, my daughter doesn't want even to see her friend who reported to her parents and my wife asked for a change of class. we are even considering changing the school if not the country! and go back to our home country. Although I still feel very guilty and sorry for what happened I should have never done that. The police took the CCTV recorder I have at home which has nothing in it as it was off all the time, we use it usually when we travel to keep an eye on the house.
Expert:  Jo C. replied 1 year ago.

This isn't unjustifiable delay. It is very difficult to bring an abuse of process application. This doesn't comply. It would cover the type of situation where they have deliberately delayed for no good reason other than to allow evidence to be lost.

Unfortunately the parents who reported it will have a long history of making allegations of domestic abuse. It is always the same. Some people keep the police on speed dial.

Customer: replied 1 year ago.
Thank you Jo. ((
Expert:  Jo C. replied 1 year ago.

No problem. I'm sure it will all disappear into nothing in the long run.