Call us today on 0141 552 9193
GLP News

News, Comment & Opinions on the latest legal stories

Glasgow Law Practice White

Practice made perfect

Removal of Bail Conditions and Being on Bail

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.

that he/she should 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 disposal of the case.

What is 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.

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.

Our Criminal Solicitors at The Glasgow Law Practice deal with Bail issues on a daily basis. We are available 24 hours a day on 0141 552 9193.