ULU president nicked and given extreme bail conditions
- Thread starter DrRingDing
- Start date
ska invita
back on the other side
organising yesterdays protest without permission from the police, i think
ska invita
back on the other side
ULU is going to get fucked 
Nice one
Well-Known Member
police bail, which this is, are always notoriously over the top, deliberately so.This should get thrown out, ot at least altered given his first appearance in court when proper bail conditions will be issued.
Was arrested for s11 public order act - failure to given advance notice of a public procession (as one of the organisers).
Was arrested for s11 public order act - failure to given advance notice of a public procession (as one of the organisers).
kenny g
Sheeple Awake!
Co
Can't he just go to magistrates court to challenge them straight away? i.e. doesn't need to wait for the police to get him to court.
Can't he just go to magistrates court to challenge them straight away? i.e. doesn't need to wait for the police to get him to court.
Monkeygrinder's Organ
Dodgy geezer swilling vapid lager
ULU is going to get fucked
ULU is already fucked - afaik the protest was against the decision to close it down.
Nice one
Well-Known Member
point is he's not been charged with anything, so technically he's not been accused of committing a crime. It could be challenged by judicial review but that'd be a longer more drawn out process.
Police bail is a kind of pre-emptive sanction used on those they presume will be charged eventually and as such i think the courts are happy to leave things as they are. Of course on political activists it is used politically. The one good thing is that breaking police bail isn't a crime, so if he was brave enough could easily ignore the instructions issued.
Pickman's model
Starry Wisdom
no
Pickman's model
Starry Wisdom
ulu's been fucked for years
SpookyFrank
A cheap source of teeth for aquarium gravel
Someone should tell these students that they also have the right to protest about something other than what a dreadful time students are having. Maybe if they did that I'd give a shit.
I've seen far worse police bail conditions, I've been given far worse police bail conditions in fact, but the way to deal with them is to completely ignore them.
I've seen far worse police bail conditions, I've been given far worse police bail conditions in fact, but the way to deal with them is to completely ignore them.
Wilf
Slouching towards Billingham
I don't think the insularity of student politics is the point here. It's the self confidence of the current regime to simply say 'no, it ain't happening'. [Again, note to self: steer clear of liberal wailing.]
kenny g
Sheeple Awake!
There is absolutely no need to go down the Judicial Review route to have pre-charge bail conditions rescinded. I first heard about this during the excellent session held at the @ bookfair by the LDMG. It was agreed that if legal aid was not forthcoming then it could be done in person at the magistrates Court, the Legal Defence and Monitoring Group could arrange someone to attend if needed. :-
http://www.cps.gov.uk/legal/a_to_c/bail/#a04 (pre-charge bail)
http://www.legislation.gov.uk/ukpga/1984/60/section/47
http://www.legislation.gov.uk/ukpga/1976/63/section/2
Nice one
Well-Known Member
you're absolutely right, and relatively straight forward too.
Someone should get chessum on it. I do know the courts won't look too kindly on the phrase "to prevent re-offending" given it's not been established he offended in the first place.
kenny g
Sheeple Awake!
you're absolutely right, and relatively straight forward too.
Someone should get chessum on it. I do know the courts won't look too kindly on the phrase "to prevent re-offending" given it's not been established he offended in the first place.
There are loads of people on overly restrictive bail conditions at the moment and I would love to see some of them going down the route of challenging them by heading down the magistrates court
ETA:- And here's the form to do it with:- http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/app-magistrates-court-police-bail.doc from http://www.justice.gov.uk/courts/procedure-rules/criminal/formspage (under part 19.6 of the Criminal Procedure Rules)
And here is part 19 of the rules:- http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2012/crim-proc-rules-2013-part-19.pdf
I reckon mentioning the Human Rights Act v. briefly and study requirements etc. should do the job with a successful application to modify the conditions. Conditions need to be proportionate. The actual offence in this case attracts a level 3 fine. A good starting point might be that Bail conditions shouldn't be more restrictive than the maximum penalty available to the court for the offence potentially charged.
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Ftfy.
Nice one
Well-Known Member
There are loads of people on overly restrictive bail conditions at the moment and I would love to see some of them going down the route of challenging them by heading down the magistrates court
ETA:- And here's the form to do it with:- http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/app-magistrates-court-police-bail.doc from http://www.justice.gov.uk/courts/procedure-rules/criminal/formspage (under part 19 of the Criminal Procedure Rules)
too right. Legal support groups should be banging this stuff out as a priority. You won't get much traction from law firms but then a quick abc of your rights and each arrestee could do it themselves - getting people used to the idea of challenging the authority of the police in the courts as well on the streets. Good work there mate.
co-op
But....but cLoWnFiSh....
Bail conditions, civil injunctions and chocolate teapots. All equally useful at getting the job done ime (although you could eat the teapot I suppose).
Wilf
Slouching towards Billingham
Yeah, ULU were pretty good on the 3 Cosas campaign afaik.
Onket
Je suis [CONTENT REMOVED]
Does this extend to football related conditions, do you know?
SpookyFrank
A cheap source of teeth for aquarium gravel
The key thing is whether the bail conditions have been issued by the police or the courts.
The courts generally won't give you the sort of bail conditions that can easily be overturned as they will have a clear set of rules about what is and what isn't proportionate or necessary to reduce the risk of absconding from a trial or re-offending whilst on bail. The police on the other hand seem to have no restrictions on the sort of mad shit they can use as bail conditions.
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SpookyFrank
A cheap source of teeth for aquarium gravel
OK fair enough. There's nothing like this going on at my local students unions though, IIRC they didn't even support their own striking lecturers
Onket
Je suis [CONTENT REMOVED]
I have seen the court overrule the conditions previously set by OB, but have no experience of what would happen if 'caught' breaking the conditions prior to that.
SpookyFrank
A cheap source of teeth for aquarium gravel
Breaking police bail is not a crime in itself, but you may be arrested and taken to court if you break it. The court will decide whether to rescind your bail, which realistically they're not going to do. Particularly if you can argue in court that keeping to the conditions was
Failure to turn up to a court date when on bail is a crime though.
I often wonder why the police in London act in such a politically partisan way. Surely they have enough on their plate without leading attacks on political protest?. It is as if they see themselves as the natural enemy of students. Are they just bored and in need of a bit of excitement or for that matter incitemen?
I'd be quite careful about completely ignoring bail conditions, even police ones. If you get caught you'll get nicked, and possibly held in custody until you go before a magistrate, who will then make a decision on the appropriateness of further bail.
Happened to me back in 2000. Specifically it was police bail that I breached (post charge, prior to first court date). Four very inconvenient days on remand for that one, and then much stricter conditions than I was originally given.
My experience of working in the courts a few years later, where I sat through more bail hearings than I care to remember, is that one of the key factors in getting bail is past compliance with bail conditions.
I'm not saying don't do it. But don't get caught doing it.
Happened to me back in 2000. Specifically it was police bail that I breached (post charge, prior to first court date). Four very inconvenient days on remand for that one, and then much stricter conditions than I was originally given.
My experience of working in the courts a few years later, where I sat through more bail hearings than I care to remember, is that one of the key factors in getting bail is past compliance with bail conditions.
I'm not saying don't do it. But don't get caught doing it.
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