If you have recently been told by the police that your bail has been extended beyond your initial bail date, it is natural to feel frustrated and uncertain about what happens next.
Many people under investigation would like regular updates from their solicitor once the interview has finished. Instead, they often find themselves waiting for weeks or months, unable to get clear answers, and struggling to speak to the duty solicitor who represented them at the police station.
If that is your situation, you are not alone. There are steps you can take, and this is not something you simply have to accept.
The Duty Solicitor Scheme Is Important – But It Has Limits
Duty solicitors play an essential role in the criminal justice system, and anyone arrested or interviewed by the police should take advantage of free legal advice rather than face interview alone.
Nevertheless, experiences vary. Some duty solicitors are highly capable criminal defence lawyers. Others may be relatively junior, or your attendance may be covered by an accredited police station representative rather than a qualified solicitor. In some areas, external agents are used to cover police station call-outs, which can sometimes create uncertainty later about who is dealing with the case.
The core aim of the duty solicitor scheme is to provide urgent advice and representation at the police station. The legal aid fixed fee does not cover ongoing case management, regular updates, proactive defence evidence gathering, or detailed pre-charge strategy. That is why many people feel left in limbo once bail is extended and the immediate crisis has passed.
As a result, many people are advised simply to wait and see whether they are charged. In some cases, that is simply the wrong advice. There may be sensible steps that can be taken while the investigation remains live, including steps that may reduce the risk of being charged with an offence.
Why Has My Bail Been Extended?
Many people leave the police station having been granted bail for an initial period of 28 days. This is commonly authorised by the custody sergeant following interview.
If the investigation cannot be completed within that period, a further extension to three months may be authorised by a superintendent. After the bail extensions reach six months, the police have to request any further extension at the Magistrates’ Court.
Common reasons for a bail extension include:
- awaiting data from phone downloads or other electronic devices
- awaiting forensic results
- needing to complete further enquiries, such as taking witness statements or conducting a VRI interview in some cases
- seeking charging advice from the CPS
- dealing with workload delays or officer changes
- considering whether further enquiries are required
A bail extension does not automatically mean you will be charged. However, it does mean that the police are continuing to pursue the investigation against you and that there continues to be a risk of being charged with an offence. Any bail conditions will also remain in force, unless challenged.
My Solicitor Is Not Replying – What Should I Do?
People who have been arrested, interviewed by the police and then released on bail are often left with a thousand unanswered questions.
For example:
- What happens next?
- How long will this take?
- Am I likely to be charged?
- Will I get my phone back?
- Can the bail be extended again?
- Is there anything I should be doing now?
A common complaint we hear is that duty solicitors can be difficult to get hold of once the police station stage has passed, and when contact is made, they may appear distracted or disinterested in the case. Worst of all, some people are simply told to “wait and see”.
It is easy to underestimate how stressful it can be to remain under investigation. For many people, “wait and see” offers little comfort at all.
Wait and see if the police turn up again.
Wait and see if I am charged.
Wait and see if this affects my job or reputation.
Wait and see if I end up in court.
Where someone maintains that an allegation is false, being told only to “wait and see” can leave them feeling anxious, powerless and unsure what, if anything, is being done to protect their position.
There are cases where waiting for the outcome of police enquiries is unavoidable. However, there are also many situations where people are told to wait simply because the original duty solicitor instruction did not extend beyond police station representation or ongoing pre-charge work.
Can I transfer my case to a different solicitor?
Yes, you can. You have the right to choose your legal representation. Just because you used the duty solicitor in the police station does not mean you have to stay with them, and we strongly recommend you obtain a second opinion if you are under investigation. Early intervention may prevent the case progressing to court.
Is There Anything A Solicitor Can Do While I Am Under Investigation?
Yes. Pre-Charge Representation (sometimes called pre-charge engagement) involves taking proactive steps while a case remains under investigation, including submitting detailed written representations, arguing that the matter should be dropped.
Depending on the facts, this may include:
- reviewing the police disclosure and interview record
- advising whether your account was properly put forward
- preserving defence evidence such as messages or CCTV
- taking witness statements
- preparing for a further interview
- making representations against charge
- seeking return of seized property
- addressing bail conditions
- exploring out of court disposal options
Every case is different. No honest solicitor should promise they can make a case disappear, but early strategic work can sometimes improve your position significantly and in many cases may be enough to tip the balance in your favour.
A Second Opinion
Others may simply wish to receive a second opinion on their case now that their bail has been extended. The role of any newly instructed lawyer is to fully review the current position, including whether the initial police station advice was the best approach in the circumstances. For example, there are often sound reasons why a client may be advised to answer no comment in interview. However, that approach can carry the risk of an adverse inference being drawn if the matter later reaches court.
There are also occasions where a change of approach may be in your best interests. That may happen during any further interview, or it may be appropriate to request a re-interview so that crucial additional information can be put forward at an earlier stage. A second opinion from a new lawyer can clarify these points and give you confidence that nothing has been missed.
If your bail has been extended and you no longer feel confident in the advice or communication you are receiving, we can review the current position and advise on realistic next steps.
For a confidential initial consultation, contact Reeds Solicitors via our online contact form or on 0333 240 7373 or email [email protected].
