The ABP recommences once the CPS return the file.
If on the day the CPS request further work, there are less than seven days remaining of the revised ABP, the ABP will be suspended automatically to ensure a minimum of seven days ABP.
The application to the Court should set out the relevant dates as the Court must be satisfied the application has been made timeously.
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
Sent: 29 December 2021 15:36
To: members@mail.lccsa.org.uk
Subject: applicable bail period query
Hi
I have a client who was bailed to return to the police station with conditions. The police asked for a charge decision.
The Crown Prosecution Service returned an action plan. The police applied to the Magistrates’ Court for an extension. I believe they sent the application to the Crown Prosecution Service before the end of applicable
bail period (but possibly after the date my client was bailed to return). I have been complaining that bail was not extended before the return date and then not before the applicable bail period.
The officer in the case said:
“Your clients APB was paused when the application was sent to the CPS for their consideration. This remains paused until we get a response regardless of how long it may
take.
The application and the response form was forwarded to you to give to your client and therefore my duty to advise her in writing has been fulfilled.”
I am not convinced by this.
I can see from the legislation that the court must consider an application as soon as possible if it was lodged, but not heard, in time. I can also see provision for suspending
the APB pending a prosecution decision but my reading of the legislation is that it starts to run again once further information is requested to enable a decision on prosecution to be made.
For one thing, since the defence are not told when the police ask the Crown Prosecution Service for a decision or when the Crown Prosecution Service reply, how can we confirm
that that police are acting lawfully?
Has anyone had to deal with this before? Any ideas? The client is not especially bothered by the bail conditions and if she were released under investigation the case would
just drag on longer, but I’m not happy that this is being done correctly.
Abigail Pavitt
Solicitor
Amphlett Lissimore
Tel: 020 7703 9222
Email: a.pavitt@allaw.co.uk
CJSM Email: A.Pavitt@allaw.co.uk.cjsm.net (this email will only receive email from other CJSM accounts)
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