Bail Conditions in Scotland- Criminal Defence Solicitors Glasgow

In many situations, accused persons are granted Bail on standard conditions along with additional special conditions.

The standard conditions of any Bail Order state that an accused person must:

Turn up at court on each date the case is assigned to call.
Not interfere with any witness or obstruct proper conduct of the case.
Not commit any further offence while subject to the bail order.
Cooperate with any reports called for to assist with the disposal of the case.

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Can Bail conditions be altered after they are imposed?

The short answer is yes, but a specific procedure must be followed.

A bail review application must be lodged with the clerk of court at the court where the conditions were imposed. A copy must also be sent to the Procurator Fiscal. A Bail Review hearing is then assigned. Normally within 14 days of the application, depending on the court diary.

The accused must be able to demonstrate that there has been a material change in circumstance giving rise to the change to the Bail Order.

In a case where conditions prevent contact between two people, for example, husband and wife, the court will wish to hear the views of the alleged victim/complainer.

It is preferable that the victim/complainer instruct a separate solicitor to liaise with the solicitor of the accused and the Procurator Fiscal.

Any letter should outline the views of the victim/complainer regarding the removal of the special bail condition.

Even if correspondence is received wishing to amend Bail Conditions, the attitude of the Procurator Fiscal will be taken into account. The decision to remove any condition is ultimately a decision for a Sheriff considering each individual case.

What does being on Bail mean?

Once an accused person signs the document known as a Bail Order they agree to be bound by those conditions until the case is concluded.

If any of the standard conditions of bail are breached without reasonable excuse an accused person is liable to be be prosecuted and face a maximum of twelve months in prison.

Bail places an accused person in a position of trust and answerable to the court.

Bail in Scotland is not ‘money Bail’ as often thought but an undertaking by a person to behave in a particular way.

In addition to standard conditions Bail Orders often include further special conditions.

In many cases, these additional conditions prevent an accused attending a particular address, approaching a specific person or in some cases remaining within their home between the hours of 7pm and 7am daily. It is an offence to breach any of these additional conditions and again a maximum.

Sentence of 12 months in prison is available to a Sheriff when considering a Breach.

YOUR QUESTIONS ANSWERED

Criminal Defence FAQs

What happens if I am detained or arrested?

If you are arrested or detained for a crime in Scotland, the police must inform you of your rights, such as the right to legal representation. You will be taken to a police station, where you may be detained for up to 12 hours without charge. After this time, you must either be charged or released, or the period extended. If charged, you may be held in custody for up to 24 hours before being brought before a court. The court will then decide whether to grant bail or remand you in custody until your trial.

If I am released on an undertaking, is that the same as bail?

Yes, in Scotland, being released on an undertaking is similar to being released on bail. Undertakings can be issued to individuals who have been arrested or charged, specifying a date and time to appear in court. A bail undertaking typically involves being charged with a crime and then released with a promise to attend a hearing. Both bail and undertakings come with certain conditions that must be met, such as attending all court dates and not committing any further offences. However, breaching bail or undertaking conditions can lead to prosecution and a prison sentence of up to twelve months.

Can I get legal advice while in police custody?

Yes, if you are in police custody in Scotland, you have the right to free legal advice from a solicitor. This advice is available over the phone or at the police station. You should be informed about this right before being questioned, and the police must wait for the solicitor to arrive before questioning begins. However, if you do not want a solicitor present during questioning, you can waive this right, although it is not recommended. If you are under 18 or a vulnerable adult, you must have a solicitor present during questioning.

What happens if my case goes to court?

If your case goes to court, the Procurator Fiscal will decide which court it will be heard in. The court will review the evidence and then make a decision based on the facts of the case and the relevant law. If you are found guilty, you may face penalties such as fines, community service, or imprisonment. If you are found not guilty, you will be acquitted of the charges, and your case will be closed. It is important to seek legal advice and representation if you are facing criminal charges in Scotland.