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Have You Received a Bail Undertaking?
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Bail Undertakings - Criminal Defence Solicitors Glasgow

Our criminal defence lawyers in Glasgow can provide invaluable assistance if you have been issued a bail undertaking. 

Our team can guide you through the legal process, ensuring you fully understand their rights and obligations. 

We can represent you during bail undertaking hearings, negotiating with the Procurator Fiscal to potentially reduce charges or secure more favourable bail conditions. We can also help you navigate complex legal procedures and ensure compliance with bail conditions, minimising the risk of breaching bail and facing further consequences.

With our expertise and knowledge of the legal system, our lawyers in Glasgow can provide the necessary legal support and representation to you achieve the best possible outcomes for your case.

Charged with a crime or worried you might be?
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What is a bail undertaking?

Normally a bail undertaking form is a pink sheet of paper given to an accused person by the Police (on occasion, it is white).

Rather than keeping a person in custody to appear before a court, the Police will charge and release a person to appear in court at a later date. Ordinarily, three or four weeks later. The person gives a signed “undertaking” that they will attend court on the date and time indicated on the form.

You MUST attend court. A failure to appear at the bail undertaking hearing will likely lead to a Warrant being granted for the person’s arrest.

The bail undertaking form will give a person’s personal details, a brief summary of the charge they will face and the date they are to attend court.

Have you received a bail undertaking

Do I need a solicitor to attend court with me?

Yes, it is important you receive legal advice as soon as possible. You will be asked to plead Guilty or Not Guilty at the Bail Undertaking Hearing. 

Our Solicitors represent accused persons at Bail Undertakings on a daily basis. An appointment can take place at one of our offices, or an arrangement can be made to meet an accused person at court on the day of the Bail Undertaking Hearing. 

The involvement of a Solicitor at an early stage can often allow discussions with the Procurator Fiscal regarding the charges. Often the charges can be negotiated, and on some occasions, the Procurator Fiscal can decide that no further action is necessary.


Criminal Defence FAQs

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.

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.

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.

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.