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Thread: 6 month rule to lay charges when under investigation follow bail time reform

  1. #1
    Jo Smith is offline Member
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    Default 6 month rule to lay charges when under investigation follow bail time reform

    I'm a bit confused, following the changes to bail reform, I understand now if on bail the police only have 28 days to complete their investigations, so to get around this they now just release under investigation, which has no time limit....
    I also understand that the police/cps have up to 6 months to lay charges.
    Does this mean if released under investigation, on suspicion of DD, do the police/cps still have only 6 months to lay charges, or as under investigation, there is no time limit for charges to be laid?

    Yes, I was arrested at home after ceasing driving and then had drunk prior to police arriving, so I am relying on the hipflask defense, this was about 4 months ago and not heard anything as yet, can I stop worrying myself after 6 months or not?


  2. #2
    price1367 is offline TTC Group Associate Director
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    Default Re: 6 month rule to lay charges when under investigation follow bail time reform

    Quote Originally Posted by Jo Smith View Post
    I'm a bit confused, following the changes to bail reform, I understand now if on bail the police only have 28 days to complete their investigations, so to get around this they now just release under investigation, which has no time limit....
    I also understand that the police/cps have up to 6 months to lay charges.
    Does this mean if released under investigation, on suspicion of DD, do the police/cps still have only 6 months to lay charges, or as under investigation, there is no time limit for charges to be laid?

    Yes, I was arrested at home after ceasing driving and then had drunk prior to police arriving, so I am relying on the hipflask defense, this was about 4 months ago and not heard anything as yet, can I stop worrying myself after 6 months or not?
    There is still a time limit, they have 6 months to lay the information before the court to get a summons raised. This may be served after the 6 months so really I would say that you have to sweat until 7 1/2 months have elapsed rather than 6.

  3. #3
    Jo Smith is offline Member
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    Default Re: 6 month rule to lay charges when under investigation follow bail time reform

    Quote Originally Posted by price1367 View Post
    There is still a time limit, they have 6 months to lay the information before the court to get a summons raised. This may be served after the 6 months so really I would say that you have to sweat until 7 1/2 months have elapsed rather than 6.
    So if summons by post.. they have up to six months to put to the courts, who would then review and if felt sufficient case to be answered then I would receive the summons, which could take a further month and half to be processed and posted out?

    Once six months have passed could I chase and if they haven't put to the courts than no case to answer? Or are you saying after the 6 months I chase it, they then still have time to put to the court?

    If courts felt was sufficient evidence for a case to be answered, could one deduce that the courts believe the person to be guilty prior to trail if pleaded not guilty? Would the same court that decided case to be answered be the same on as the trail?
    Thanks

  4. #4
    price1367 is offline TTC Group Associate Director
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    Default Re: 6 month rule to lay charges when under investigation follow bail time reform

    The decision to prosecute is taken between the Police and CPS. If they decide that there is a case to answer, then they ask for a summons. The court play no part at that stage in examining the evidence, they mereely issue the summons that has been requested. The request has to be made within 6 months, but the issue of the summons and the subsequent issuing to you could take a further 4-6 weeks, whic( is why I said 7 1/2 months to worry for.

  5. #5
    Jo Smith is offline Member
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    Default Re: 6 month rule to lay charges when under investigation follow bail time reform

    Quote Originally Posted by price1367 View Post
    The decision to prosecute is taken between the Police and CPS. If they decide that there is a case to answer, then they ask for a summons. The court play no part at that stage in examining the evidence, they mereely issue the summons that has been requested. The request has to be made within 6 months, but the issue of the summons and the subsequent issuing to you could take a further 4-6 weeks, whic( is why I said 7 1/2 months to worry for.
    Thanks Price that makes it clearer I think. So if I do chase @ 6 months and a day and the police/cps wanted to but hadn't requested the summons then they'd be out of time? Or could they fudge the date so it appears in time and I'be be best off not chasing until month 8?
    Fed up of worrying about it and just want to know where I stand as quickly as possible, without making the situation worse.

  6. #6
    price1367 is offline TTC Group Associate Director
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    Default Re: 6 month rule to lay charges when under investigation follow bail time reform

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    My advice would be “don’t chase” . See if it does time out and enquire at 8 months. I have to say that it is rare for the Police to miss the 6 month deadline, I would expect you to hear from them in the next 2 months.

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