clarifying bail conditions

[nailit]

Im currently on police bail. My bail conditions are to reside at my home address.
Last night I was at a friends house when I had to phone the police regarding an incident that was happening. After dealing with the incident a rather snotty wpc then turned to me and said that I was in breach of my bail conditions as they state that I should be residing at my home address. After arguing with her that I was breaking no bail conditions by been at a friends house she then arrested me for been in breach of bail. It was 11.30 at night and I protested that I had no curfew to be home at a certain time and that I was entitled to stay with friends if i wished. Once in the police car I told her that she was going to look foolish in an interview with my solicitor present. After a few minutes she said that she was going to de-arrest me and they took me home. I have not been able to speak to my solicitors today but I would like to know if I have broken any bail conditions by been at a friend house? Also whos to say exactly what time I should be home for anyway?
I think I was unfortunate eneough to come into contact with one of those officers that give the rest of them a bad name but would like to clarify my bail anyway.
Thanks for any answers or advice.

[nailit]

yeah, your right sherrardk,

[nailit]

ronnie, thats what I dont get, the time thing. Got no conditions stating exactly what time i have to be in for.

[shoota]

I strongly suspect that the PC radioed through to check your conditions, found there were no times specified and therefore de-arrested you.
You really do have to be whiter then white when on bail and just tough it out.

[nailit]

shoota, I gave my details as soon as they arrived. I wouldnt have rang the police and then give my details if I thought that I was breaking the law by been out at night. I know that I might come across as having a 'chip' on my shoulder but I was annoyed that I rang to report a crime and the police arrested ME. The attitude of one of the officers was deplorable and the other one actually seemed embarresed by her.

[nailit]

the officer only de-arrested me after I told her that I thought she was going to look foolish in an interview with my solicitor present.

[EDDIE51]

Hi nalit,
I agree that ' reside at ' does not mean you have to be there all the time even over night. I ' reside' at my home but I could go and stay with a friend or relative for a night and my home would still be my residence. I think the police were 'over the top' , they are probably annoyed that you have already got the better of them once and wanted to get back at you.
For some of you others on AB please check nalits profile, there is a long background to this incident and this is just a small part of it. I have been trying to advise him from the beginning.
Keep smiling nalit not long to go now .

[shoota]

The CPS have a somewhat different interpretation of the word 'reside' Eddie.

[sandyRoe]

Whatever the meaning of 'reside' would you not be wiser, at least 'til you're no longer on bail, to try and avoid houses where incidents happen and the police need to be called?

[EDDIE51]

We would need to see nalit's specific bail conditions to be sure but i don't think 'reside' in the usual sense would preclude an odd night away . As he said it is not a curfew , he is not 'tagged' and is still awaiting trial for a case where the police have already 'bodged up' their side of it.
Remember ' Innocent until proved guilty'

[shoota]

The defendant must reside at a named address.

This means must live and sleep each night there.

This is taken from the CPS website on the link I posted. It does not allow for nights away.

[baza]

yes the law states " proven guilty", however until the case comes up in court surely it would be better to keep a low profile as sandyRoe suggests.
No mileage in upsetting plod.

[nailit]

Thanks for further replies, especially EDDIE
Ive managed to speak to my solicitors this morning and they agree that "to reside at" is a bit of a grey area as there are no other conditions attached to it. While indeed the cps website states that to 'reside at' means to live and sleep there each night (which is what people generally do at their residence) it does not mean that I cannot be allowed out at night (what if I was working nights, wanted to go for a walk...which I do a lot at night as I cant sleep very well, or needed to be with a sick relative?) and according to my solicitor the police had absolutly NO rights to make me leave a friends house and make me go home just because it was 11;30 at night. Im NOT on a curfew. Ive been advised to make a complaint to ensure that the police dont throw their weight around like this again but think i'll take the advice of others on here and just be in at a reasonable time.
BTW, for those of you who have called me slow and accused me of having a chip on my shoulder I suggest that you read the disclaimer to the law section

"Please refrain from being rude, abusive or judgemental - members come here for advice, not judgement!"

[shoota]

You did right to check the advice you received on here with your solicitor Nail. Please continue do to that.
The CPS would probably clarify further if you wanted to be 100% sure.

[nailit]

thanks shoota. Just out of curiosity how do I get in touch with the local cps? (is there an email address that I could use?)
I would like to clarify my conditions straight from the horses mouth so that there is no confusion should something similar happen again. Im trying to do things by the book but resent the police dictating what time I have to go to bed when ive got no curfew on me. As far as im concerned, we arnt yet living in such a police state.
Cheers.

[shoota]

The CPS will normally have an office in the local magistrates court, if you are in the vicinity ask an usher to take you along and introduce you.
Failing that a phone call to the court should get you put through.
It always worries me that people may give advice with the best of intentions but they may not necessarily have the necessary knowledge.

[albaqwerty]

nailit, I've no legal advice but saw your name pop up in the latest posts. Nice to see you back on here xx

Can you phone your local court and ask for clarification on the bail conditions?

[nailit]

thanks shoota and alba. Will see if I can get hold of cps at local mags court.

[shoota]

See if you can get an answer in writing......

[baza]

I have read your posts and would like to draw your attention to how you have written it in the first place, it seems to me to have been done when you were really pee'd off.Many of the answers given are sound advice but you still need to confer with the CPS, in the meantime don't go to any all night raves, or buy tickets to the policeman's ball.

[nailit]

Dont think I'd be invited to the policemans ball anyway baza, lol