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changing bail

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beclee | 13:56 Sat 15th Nov 2008 | Criminal
3 Answers
My partner has been released on police bail with conditions preventing him from living with my children or contacting them. We were having an argument that got heated and my dughter (13) startedhitting him over the head with a wooden spoon, he pushed her away and shortly after we left the house to chat away from the children. During the time we were gone she phoned her dad to collect them and he told me they would be home the following day however he changed his mind and phoned social services who then contacted the police. We have all made statements stating that he did push her and she has decided to stay living with her dad (this has been coming for a long time and not linked to the incident).
The other 3 children all want to come home and are deeply upset that they arent allowed to talk to my partner. My ex has wrote a letter confirming this and stating that he believes it to be a one off incident with the children at no risk of harm from my partner. I have contaced the police officer about 5 tmes now to ask him about changing the bail but he does not ever get back to me.
It just seems that everyone wants the children home except the police and i am currently having to drive them from their dads to school every day and that takes about an hour each trip.
Our lives are a total mess and im worried about the long term effects on the children of being kept away from their home
can anyone pleaseadvise me on how else to go about getting the bail conditions changed?
thanks
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Go above the PC and complain to his/her Inspector. Most Police Forces now have call centres where all calls are answered on one location. When your call is answered, instead of asking to be connected to xyz, ask the operator to give you the name of the Inspector looking after station xyz. Once this has been given, ask to be connected. tell the Inspector that the PC has failed to return your calls and stress how difficult this is for you and your family. Advise the Inspector that you will follow up the call with a letter and if the situation is not reviewed within a certain time period (be realistic) you will write to the Chief Constable. There's no guarantee that the bail conditions will be changed (and we've only heard your side of the story - it may be that they shouldn't be)..but you'll get nothing if you don't try. I also think you should be speaking to Social services as it's likely the police would need to liaise with them before making any decisions. Good luck
You can apply for the bail to be varied in one of two ways.

1. Apply to the magistrates court. If you go, they will guide you through what to do.

2. Apply to any Custody Sergeant at the station where the conditions were imposed. You could just turn up but it would be worth phoning the Custody Suite before hand in order to let them get all the stuff together.

Neither route is guaranteed. All the original representations will be considered, as will anything new that you wish to raise.

They have two options.... keep the same terms of bail or vary the conditions. The conditions can be made more stringent of it is felt necessary... up to the point of actualy cancelling the bail and taking him before the court without bail (although this is unlikely if he is sticking to the original conditions and doesn't put his foot in it by saying he'll do what he likes regardless of the decision).

Either way I would take legal advice first, but if the officer in the case is not getting back to you, go straight to the Custody Sergeant. The decision is made by the custody sergeant, not the OIC, despite what they may tell you.
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Thanks for the advice hopefully i will start to get somewhere

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