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Hearing of Bail Application

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iceman1978
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Hearing of Bail Application

Post by iceman1978 » Thu May 19, 2011 1:46 am

Hi i missed my friends Bail Application. He is in the Gatwick Detention Centre at the moment.

My question is can i ask for another date?

Is it worth to do as he has been in prison for using a fake passport.

My question can i get bail for him and if he comes out is he allowed to work?

Greenie
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Post by Greenie » Thu May 19, 2011 7:54 am

Your friend would need to make another application himself and put you down as a surety.

If he has just had an application refused then he should usually wait 28 days to apply again unless there has been a change in circumstances.

Whether he will be released will depend on a number of factors, including his criminal history, immigration status, length of time in the UK, whether the judge thinks he will abscond if released, how long he has been detained, whether he can be removed to his home country in a reasonable period of time etc.

Whether he can work if he is released depends on his immigration status in the UK.

They have free legal surgeries at all immigration removal centres so he should seek advice there.

Tate4567
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Post by Tate4567 » Tue May 24, 2011 11:51 am

Greenie wrote:Your friend would need to make another application himself and put you down as a surety.

If he has just had an application refused then he should usually wait 28 days to apply again unless there has been a change in circumstances.

Whether he will be released will depend on a number of factors, including his criminal history, immigration status, length of time in the UK, whether the judge thinks he will abscond if released, how long he has been detained, whether he can be removed to his home country in a reasonable period of time etc.

Whether he can work if he is released depends on his immigration status in the UK.

They have free legal surgeries at all immigration removal centres so he should seek advice there.
just as a side note - if a surety put up a substantial bail (ie £k's) would this make it pretty likely for a judge to grant bail? or does it still also depend on applicants history and circumstances?

Greenie
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Post by Greenie » Tue May 24, 2011 3:19 pm

Tate4567 wrote:
just as a side note - if a surety put up a substantial bail (ie £k's) would this make it pretty likely for a judge to grant bail? or does it still also depend on applicants history and circumstances?
It depends on the applicant's history and circumstances, and also the relationship with the surety and whether the surety has sufficient influence over the applicant so as to ensure that he will not abscond if released.

Tate4567
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Post by Tate4567 » Tue May 24, 2011 3:25 pm

Greenie wrote:
Tate4567 wrote:
just as a side note - if a surety put up a substantial bail (ie £k's) would this make it pretty likely for a judge to grant bail? or does it still also depend on applicants history and circumstances?
It depends on the applicant's history and circumstances, and also the relationship with the surety and whether the surety has sufficient influence over the applicant so as to ensure that he will not abscond if released.
thanks, in the case I am thinking of the person was a previous absconder and has a bad history, but a surety has put up a bail of £'s. This may sway a judge. Surety relationship unknown
Last edited by Tate4567 on Sat Jun 11, 2011 8:26 pm, edited 2 times in total.

Greenie
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Post by Greenie » Tue May 24, 2011 4:03 pm

surety's relationship with applicant will be important. If judge is minded to grant bail in principle then the amount may well sway the judge but it all depends on all of the circumstances of the case, including whether removal can be affected in a reasonable timescale, length of time in detention, immigration history, criminal record etc etc

Tate4567
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Post by Tate4567 » Tue May 24, 2011 5:58 pm

thank you

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