Bail is where an accused is released from custody by the court. All crimes and offences are bailable in Scotland.
Our guide covers:
Have you received a Bail Undertaking from the Sheriff Court?
If you have received a bail undertaking form, you should contact a solicitor as soon as possible to ensure you have the best possible outcome.
During the coronavirus lockdown, police have been making more use of bail undertakings for healthy and safety reasons. Due to limited court function the hearings are often as much as three months away, however it is important you instruct a solicitor as soon as possible, so we can enter discussions with the Procurator Fiscal.
We understand you may need to call us when you need us and therefore operate 24 hours a day, 7 days a week. Call us now on 01413362020.
A Bail Undertaking in Scotland: How it Works
A bail undertaking is usually issued to the accused by the Police. This will usually involve the accused being taken to the police station, being charged then released after agreeing to attend a hearing on a given day at a given time. The accused will sign a form stating that they promise to attend at court at the time indicated on the Bail Order. The form contains brief details of the accused, a summary of the charge and when they are to appear in court.
Once the form is signed, the accused is ‘on bail’ until the case closes, and should meet the conditions of the bail order. Failing to appear in court at the given date and time will in most cases mean a warrant will be granted for their arrest.
This is the preferred process for Police officers dealing with certain offences, such as road traffic offences – usually in cases where it is thought the person will not be likely to offend again and or fail to attend the court hearing. The complaint is served on the accused person in court on the specified date and time just as a complaint would be served on an accused who appears in court from custody. In most criminal summary hearings, the accused will appear in court from custody at the first call. This is usually on the first court day after the arrest. However, a bail undertaking can fast-track certain cases.
The decision to issue someone a bail undertaking depends largely on factors such as the likelihood of the person re-offending, their previous breaches of bail orders, prior convictions, or whether or not there is a risk that the person will fail to appear in court. This decision is at the discretion of the police officer-on-charge at the police station. If you have been given a bail undertaking, speak to one of our solicitors straight away. Keith Tuck Solicitors are highly experienced criminal solicitors based in Glasgow. We are here to help you get the best possible outcome. Contact us via our online contact form or give us a call on 01413362020.
Before being released the person must agree to certain bail conditions. The accused must sign a bail order – a standard bail order will contain the following conditions:
- An accused person must attend court on each date the case is to call;
- The accused must not interfere with witnesses or do anything to obstruct the proper conduct of the case;
- The accused must not do anything that may cause distress or alarm to witnesses
- The accused must make himself available to enable court enquiries or reports to be made
- The accused must not commit any offences while on bail
- The accused must not seek to obtain a statement or precognition from the complainer
The accused will be bound by these conditions until the case concludes. In addition to the above standard conditions, special conditions may also be imposed on the accused. These can vary, however, often conditions can include preventing an accused attending a particular address, approaching a specific person, and in some cases, a curfew is placed on the person, for example, to remain indoors between 7 pm and 7 am. If any conditions of bail are breached without reasonable excuse prosecution is almost certain, and the accused could face a maximum of twelve months in prison. It is possible to request a review of a bail order at a later date. However, the accused must demonstrate the change in circumstance giving rise to the request.
Contact our Criminal Lawyers in Glasgow, Scotland
You are strongly advised to speak to a solicitor if you have made a bail undertaking. Keith Tuck Solicitors have a long serving reputation in our field and serve clients all over Glasgow and across Scotland. Our lawyers are highly experienced and have extensive knowledge in criminal defence, and will ensure you get the best defence available to you. Contact us today via our online contact form to speak to one of our team, or give us a call on 01413362020.