ArthurWankspittle wrote:vampireLOREN wrote:Jim handed himself in, he would not be held in custody overnight and then be granted police bail.
I have to disagree with you on this as I know this has happened to people. I think it was the time and bureaucracy it took to id Jimmy was the reason he was held. Now they are certain they know who he is and have one or more addresses for him they will let him out on bail. One of the bail conditions will be that he lives at a given address, so next time they go looking for him and he isn't there, he'll get arrested and held for breaching bail conditions. Then he might get remanded until his date in court. Jimmy's so clever you know.
I think we should keep in mind this was likely a contempt of court warrant. The police response was likely a sign that Jimmy is known to them.
But the thing to keep in mind contempt of court isn't normally dealt with by bailing the offender. It largely doesn't need a trial as it's determined by whoever is on the bench. The warrant would have been one for committal. Once Jimmy went into prison, the only way out is set out in 81.31 of the
civil procedure rules. The relevant law is below.
Code: Select all
(1) A person committed to prison for contempt of court may apply to the court to be discharged.
(2) The application must –
(a) be in writing and attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer);
(b) show that the person committed to prison for contempt has purged, or wishes to purge, the contempt; and
(c) be served on the person (if any) at whose instance the warrant of committal was issued at least one day before the application is made.
(3) Paragraph (2) does not apply to–
(a) a warrant of committal to which CCR Order 27 rule 8, or CCR Order 28 rule 4 or 14 relates; or
(b) an application made by the Official Solicitor acting with official authority for the discharge of a person in custody.
(4) If the committal order is made in a county court and –
(a) does not direct that any application for discharge must be made to a judge; or
(b) was made by a district judge under section 118 of the County Courts Act 19845,
the application for discharge may be made to a district judge.
(5) If the committal order is made in the High Court, the application for discharge may be made to a single judge of the Division in which the committal order was made.
Of course in order to purge his contempt he will have had to confirm his name and address and agree to engage with the Official Receiver. It's likely that Jimmy knew, but ignored, the committal proceedings as the court will have sent a letter to the address they had for Jimmy, he does state that he was sent mail but ignored it because it was not sent to the right address.
Either way I think we can both agree that Jimmy's proving himself to be a special stupid snowflake and right now things haven't even started to hit the fan.