The criminal justice system can be confusing and difficult to navigate and understand. It can be a lengthy and stressful process. Let's start with what happens when someone is arrested.
Point of arrest
When the police believe that an offence may have been committed, they will arrest the alleged perpetrator. They will then examine evidence and interview the suspect. After this, if they conclude that the offence may have taken place, they can place bail conditions against the AP. These bail conditions will seek to limit what the person can do and typically will include the following:
Not to contact the victim directly or indirectly
Not to attend their home or place of work
Direct contact is communicating with an individual in person, by phone, text message, or any other form of messaging/calling through online platforms. Indirect contact is providing communication through a third party. This could be messages passed on through others via any means, it could be via letter, or it could be messages posted via social media.
Police bail also means that the AP must present themselves to the police at a later stage.
How long are they put in place for?
This can vary. Usually, they are initially in place for 1-3 months. The police have the power to extend these several times.
What happens whilst they are in place?
The purpose of bail conditions is to allow the police time to gather evidence. They will be compiling the investigation together to see if they have enough to formally charge the AP with the offence(s).
What happens if they break the bail conditions?
Well, in all honesty, not much. They should be spoken to or rearrested, but unfortunately, this doesn't always happen. However, if they persistently break these conditions, they can be brought before a court and placed on court bail, which then comes with an arrest warrant. This means they can be immediately arrested and placed before a judge. This can also lead to further charges of harassment.
What happens once the bail conditions run out?
Before this is due to happen, the police will make a decision on whether or not they believe they can formally charge the AP with a crime. If they do, they will submit the evidence of the case to the Crown Prosecution Service (CPS). The police do not hold the power to charge people with crimes; only the CPS can make this decision. If the police believe there is not enough evidence, they will no further action (NFA) the alleged perpetrator. This can also happen at the CPS stage. If an NFA occurs, all bail conditions will be removed. If the CPS decides to charge, then bail conditions will remain in place until court.
How long does this process take?
Cor, how long have you got?
In all seriousness, it can be anywhere from 6 weeks to several years. Unfortunately, due to high demands and lack of funding for the CJS, this process can be very long. When it comes to serious crimes or breaches of protection orders, it is fast-tracked, and the police/CPS will prioritise these crimes over others. If they believe there is an immediate threat of serious harm/homicide, they may complete this process whilst the AP is detained after arresting. This can lead to them being remanded immediately in prison whilst awaiting a court date or investigations continue.
What can I expect during this?
Definitely do not expect regular updates or emotional support. It can be really frustrating to not hear from your police officer, but their job is to collect and compile evidence, not listen to your story or feelings. It's likely they will only contact you if they need more information from you, you are approaching a bail date, they decide to NFA, or they have a CPS decision. Sometimes you may get an officer who checks in, but this is rare; they just do not have the time, so don't take offence (pun intended).
See Part 3 for more information on what happens when a person is charged...