On Bail In Spain?

On Bail In Spain
When may the prisoners be released on bail? – Prisoners may be released on bail where the crime is punishable by a term that exceeds 3 years imprisonment and provisional imprisonment may not be applicable for the case. Where the term does not exceed 3 years, the conditional release of the accused may be accorded without bail.

An application of the Public Prosecutor or any of the prosecutor parties is required to modify the conditions for release, or to get provisonal freedom for a person. Notwithstanding, the court may decide the accused conditional release on the basis of either the nature (seriousness) of the crime , the p rosecuted antecedents or on those circumstances that could avoid the accused being prosecuted.

The judge may also modify the conditions under which the accused has been released.

How long can you be detained in Spain?

You can be held for up to 72 hours maximum (it’s up to 24 hours for under 18’s) before you must, by law, appear before a judge or be released. Arrests for terrorism, however, can be held for up to 5 days. A lawyer should be present when you make a statement to the police or before a judge.

How long can you remain on bail for without being charged?

How do I know if a police investigation is closed? – If you have been released on pre-bail charge, the police should be the ones to notify you if they have closed the investigation. In many instances, they will use the term ‘no further action’ (NFA) to describe their decision not to proceed with the case.

Can I travel overseas when on bail?

Can you travel overseas while on bail? – If you are on bail and subject to conditions, you will generally not be allowed to travel overseas. This can however be overcome by making a bail variation application to the Court. Police and the Court will usually be reluctant to allow you to travel overseas while you are on bail.

Can a person on bail travel abroad UK?

‘If you have travel restrictions on bail and are not allowed to leave Uk can you travel?’ You can travel within the UK, as long as you comply with your remaining conditions.

What is Spain jail like?

Language barriers and dealing with an unfamiliar legal system are issues that affect many Irish prisoners in Europe. An ICPO client describes daily life in a Spanish prison. Most of the Spanish prison buildings are relatively modern, nearly all have a shower in the cell.

The cells are mostly shared by two inmates, though legally everyone is entitled to their own cell. Prisoners don’t have to wear uniforms and if you need clothes, the prison will supply you ‘rags’. The other prisoners will help out with clothes.

On every wing there’s a shop selling coffee, sweets and toiletries and depending on the prison you can buy from the local supermarket once a month or every week. In general the prison food is ‘bad’ – that’s putting it nicely and tap water is dangerous, bottled water is a must.

The prison day starts at 7. 45 when the officer does a cell count, you must nod or wave normally, (certain wings you must stand), then the doors to the cells open at 8. 30ish, depending on the funcionarios (prison officer), when after mopping your cell you make your way down to the comidor (dinnerhall).

You’ll be served a warm liquid that resembles very sweet coffee and a bread roll with jam (sometimes). Most prison shops will be open in the morning so if you’ve got money on your card, you can buy a proper coffee etc. At 9. 00 or 10. 00 prison activities start.

We’re in Spain where to be punctual is wrong, anyway you most likely won’t have any job or activity to do. Getting a paid job is down to luck like most things. Then you’ll hear the call to lunch at 13. 00 approximately.

Potatoes and dirty water or lentils or dirty water and potatoes or rice in tomato, all of these ‘lovely’ half meals come with lettuce and grubs. Then back to your cell before 14. 00 when most prisons do a cell count (depends on the day), lock up until 16.

30 in winter, 17. 00 in summer, then back downstairs until around 19. 00, more potatoes and back up to your cell until the next day, another cell count at anytime between 20. 30 and 21. 30. Then the same again the next day.

Now this is not so bad and you get used to the routine, until you want to do a course or have a visit. The prison timetable and buildings are generally good but we must take a look at the treatment and other conditions in Spain’s prisons. In Spain, prisoners are allowed to phone their family once they authorize the number, this can be very difficult especially if your family live outside Spain.

  1. I’d recommend contacting the Embassy or the Department of Foreign Affairs to help with the paperwork;
  2. There are also visits ‘Vis a Vis’ (a visit in a closed room with bed and shower);
  3. These visits are great as they normally last one and a half hours and you are alone with your visitor;
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Although the law states that inmates are entitled to these visits with friends and family, in reality they try not to allow friends in on visits, one must generally appeal to the Prison Surveillance Court/Judge. There are weekly cristal visits (behind glass).

  • For these visits you must authorize the names and DNI or passport numbers of those who might visit;
  • The person or persons that want to visit must book by phone beforehand and present an hour before the visit;

Poverty is a big problem here and unless you work or have financial help life is tough and being Spain, it’s very hard to get work in prison. Temporary release is another lottery, although lately more TRs are being given, I believe. The Prison Administration have sent a bulletin to prison directors recommending they concede these more often to first time offenders and those with short sentences (less than three years).

Northern European prisoners and foreigners in general are being asked to take Conditional Freedom in their home Country. The process takes about six months and non-EU prisoners must complete half their sentence.

EU treaties make transfers easier as of this year. To get anything done you often need an abogadu (solicitor/lawyer). Free legal aid to prisoners has stopped leaving prisoners in the hands of prison staff unless fortunate enough to have private assistance.

  1. With my father in hospital, I wanted to make a phone call;
  2. The phone was broken so I was unable to call for a week even though the prison had a copy of my father’s medical prognosis;
  3. After asking that my calls be put on the other phone on the wing many times, each answered ‘I’ll see what can be done, I understand your situation’ and then did nothing;

I filled a request form saying I would start a hunger strike, within two minutes I was taken to make my call in reception. Every request must be formulated in writing and the prisoner copy stamped (insist) otherwise nothing gets done. The best you can do is stay out of prison, if not keep occupied, study, read and do some sports.

Do crimes expire in Spain?

In Spain conviction records are not expunged as they are not erased completely but rather are cancelled in a process known as ‘cancelling a conviction record’ – once conviction records are cancelled or ‘spent’, the individual will possess a clear criminal record.

What happens when someone is on bail?

Bail – Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. Anyone providing a guarantee (or surety) may also have to enter into a recognisance. These are people who are prepared to enter into a bond and lose money if the defendant breaks their bail conditions.

If a person is charged and released by the police on bail, the first court appearance must be within 28 days from the date of the charge. This usually takes place in the magistrates’ court, where the District Judge will consider if there is enough evidence to connect the defendant to the crime.

If a defendant is held in prison, they may apply for bail again, but usually only when there has been a change in circumstances since they last applied for bail. The defendant can also apply for compassionate bail for a short period for reasons such as a family funeral.

Do police check up on bail conditions?

Will the police verify your bail address? – If you plan to stay at your home address, the police will usually ask for proof that it is your correct address by asking you to present your driving licence or a utility bill. If you give a friend or family member’s address as your bail address, the police will usually contact them to make sure that they are happy for you to stay there.

If you have been arrested for an indictable offence, Section 32 of PACE determines that the police have the right to enter and search your home. Therefore, it is possible that the police may attend your home for the purpose of conducting a search.

Once the relevant searches have taken place, the police are unlikely to attend your house to check on you whilst you are on bail unless you are suspected of breaching your bail conditions or of committing further offences.

Can bail be dropped?

Bail is one of several actions that the police can take after arresting you. It involves release from police custody to await a later appearance at court or a police station. Your case can be dropped while you’re on bail. If you are bailed without charge, called ‘pre-charge bail’ this means that you will have to appear at a police station at a later date.

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This is so that the police can look over the evidence and decide whether or not to charge you. Being bailed and charged, called ‘post-charge bail’ is where you have been charged and you must appear in court at a later date.

Both types can come with conditions attached which are things you must not do, for example: “You must not return to the borough of Newham” or “You must not go within 1km of an airport” What should I do if I’ve been bailed? We recommend that you attend a police station interview with one of the recommended solicitors.

They will provide this service free of charge. If you decide to go without a solicitor, you should answer ‘No Comment’ to all questions. This is easier than trying to decide for yourself which questions are best to answer as the police may trip you up.

Most good solicitors will likely recommend that you do a ‘no comment interview’ anyway. If you’re under 18, an appropriate adult should also be present, this is most likely to be a parent or guardian. The police can then take one of four actions:

  1. You could be given no further action (NFA) which is when your case is dropped, this could also happen before the bail date in which case you don’t have to attend
  2. You could be re-bailed to a later date. If this happens, solicitors can try to challenge bail
  3. You could be charged. This could be with a different offence than the one you were arrested for based on evidence or legal advice. If this happens, you will be given a court date that you have to appear at. This could also happen by post before your interview.
  4. You could be offered a caution , a caution is an admission of responsibility which we strongly advise that you do not accept unless a recommended solicitor has explicitly advised you to do so.

If you have been bailed to court , check out our guide to the post-charge legal process for what you should do for your court date. We have more information on why the police use bail , and what happens if you break bail conditions in this guide .

How long can you be on bail for?

Understanding Police Bail The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.

What countries can you not go to with a criminal record?

What happens if you breach bail conditions?

What happens if I break the conditions set out to me in my court bail? If you break any of the conditions set out in your court bail, you may be arrested and brought before a magistrates’ court. You may be charged under the Bail Act 1976 and could be remanded in custody until your trial begins.

Can bail conditions be lifted?

The terms of a release order can be changed in accordance with section 523(2) of the  Criminal Code. Often, purposed bail conditions are accepted by an accused person simply so that they can be released from custody. Once out of custody, it becomes evident that certain conditions may be too restrictive or cause significant issues with family and employment. On Bail In Spain Variation by Consent The easiest and most cost-effective way to vary bail conditions is by consent of the Crown Prosecutor. This means that the Crown Prosecutor agrees to changes in the bail conditions. The changes are then presented to a Judge who generally will simply sign off on the variation. A consent bail variation can happen very quickly without the need to conduct a costly bail hearing.

If seeking the consent of the Crown Prosecutor to vary the bail conditions, it is important for an accused to provide as much supporting documentation to justify the request. Common examples are travel itineraries and proof of change of address or employment.

Variation not by Consent If the Crown Prosecutor refuses to consent to the bail variation, an application must be brought before a Justice in the Court of Queen’s Bench. This is a much more onerous and time-consuming process that requires an actual hearing in which the Court will make the final decision.

This process is call a bail review application. The accused bears the onus on review under section 520 of the  Criminal Code  to show cause on a balance of probabilities why the current order should vacated and new conditions put in place.

This can be established by showing an error in principle in the order or a material change in circumstances that would make it unjust not to change the original order. There are only three circumstances in which an accused can bring a bail review application:

  1. There has been an error of law;
  2. Where the original decision was clearly inappropriate such as giving excessive weight to one factor and insufficient weight to another; or
  3. Where there has been a material change in circumstances

When considering the material change in circumstances, the reviewing court is to consider the fresh evidence test in a flexible manner to consider if the new evidence for review should be considered. Such considerations are: due diligence, relevance, credibility and effect on the result. Court of Appeal Bail Review Under section 680 of the  Criminal Code , an accused can seek a bail review to the Court of Appeal in narrow circumstances. The test for leave to review bail requires that:

  1. There is a reasonable prospect of success on review; or
  2. The Court, applying the law, could possibly conclude that the application for release should have been allowed (in circumstances where bail is denied).
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Can you get a job while on bail?

The short answer is Yes. It would be best if you keep your job while out on bail and using a   bail bonds near me  because of several reasons. The need to report to work is also one of the compelling reasons why someone wants to bail out from prison. Holding a job makes a person tied up in the community, making him not a flight risk which is one of the factors that determines if the judge will allow the defendant to be released on bail.

Can I contact someone who is on bail?

What a no contact order means – One of your bail conditions may be a no contact order. You’re not allowed to contact the person named in the order. This includes both direct and indirect communication. A no contact condition usually says: “Do not communicate directly or indirectly with the following people…” Do not communicate with people you’re not allowed to contact! Even if the complainant tries to contact you, do not communicate with that person.

How long can you be on remand in Spain?

How long may provisional prison last? – Maximum period during which an accused person can be held in prison could exceed of 24 months , where the alleged offence is punishable by a term of imprisonment that could exceed of 9 years. The defendant may be confined for 12 months , where alleged offence is punishable by a term of 9 years or less.

What happens if someone denounces you in Spain?

Denuncia translated from Spanish basically means “Complaint”. In Spain we can consider that as more serious than making a complaint and more as in the English “Denounce” inform against. Once you denounce someone you should consider that the matter will likely end in court.

  • Whether you are the person making the complaint or have been denounced, you should seek legal advice;
  • Further information on the link below;
  • A dencuncia can be presented either to the national police, Guardia Civil or in your local courts;

It is advisable to place this complaint with the assistance of a lawyer. The importance of using a lawyer of course taking into account that the denuncia should be in the Spanish language, but principally for the reason that the lawyer can avoid you introducing elements into the complaint that could be detrimental to you.

Do you have the right to remain silent in Spain?

The impossibility of applying the Murray Doctrine in Spain – The great problem with the application of the Murray doctrine in Spain is the order in which the interrogation is practiced in the oral trial. First, the defendant or defendants are questioned.

  • And only after that, is the questioning of the witnesses Why? The defendant must make a choice: remain silent or speak;
  • If such a decision precedes the taking of evidence (as provided for in the Criminal Procedure Act), it is hardly a right of the accused, as he or she makes the decision blindly;

Or to put it another way: The minimum requirement is that the defendant first hears the evidence, and only then decides to speak or remain silent. But if the criminal process forces him to make that decision first, it significantly mutilates the fullness of that right.

Formally he has the right, yes, but he cannot exercise it fully. And we are talking about rights that are conferred by (1) the European Convention on Human Rights (2) the Spanish Constitution and (3) Article 118 of the Criminal Procedure Law and that are universally recognized.

Every reform of the Criminal Procedure Law in recent years has been aimed at changing this point. But no reform has ended up changing this essential aspect recognized in the universal criminal order. The Criminal Procedure Law in Spain configures the order of intervention in the Plenary in such a way that it curtails and undermines the right to remain silent and the right to non-self-incrimination.

What happens if you get caught stealing in Spain?

Charges for theft – With theft, if the amount of goods stolen are above the value of 400 euros, punishment can be up to a 6-month prison term. Below this value, the sentence goes down to a fine for 1 to 3 months. The amount to be paid each day is then left to the discretion of the judge, who decides it based on considerations such as the income of the accused.