Bail is ordinarily the process by which the court releases an accused person from custody. Scotland allows an application for bail no matter what crime or offence has been committed by an accused. Tt must be remembered Bail can be refused to a person if they have previous convictions or if they have breached bail previously. Bail can also be granted with specific conditions in place.
How does a bail undertaking work in Scotland?
The police normally issue a bail undertaking to the accused. This generally involves the accused being transported to the police station, charged, and then released from custody after confirming that they will appear at a hearing on a specific date and time. The individual will sign a form declaring that they will appear in court at the date and time specified in the Bail Order. The form provides basic information about the accused, a summary of the charge, and when they are scheduled to appear in court, following their release from custody.
Once the document is signed, the accused is ‘on bail’ until the case is closed and must follow the conditions of bail. In most situations, failure to appear in court on the specified day and time will result in the issuance of an arrest warrant.
This is the recommended procedure for police officers dealing with offences such as road traffic offence or where it is believed that the accused will not offend again or will attend court after release from custody. The complaint is served on the accused person in court on the designated day and time, exactly as it would be served on an accused who comes in court from jail. In most criminal summary hearings, the accused will appear in court from detention at the first call. This normally occurs on the first court day following the arrest. However, a bail undertaking can expedite some cases and prevent an accused being kept in the police cells to appear before a court the next lawful day.
Issuing an accused with a bail undertaking is heavily influenced by variables such as the likelihood of the individual re-offending, previous breaches of bail orders, previous convictions, and whether or not there is a danger that the person may miss court appearances. This decision is made at the discretion of the police officer in charge at the station, who may then grant bail. If you have been handed a bail undertaking with special conditions, contact one of our solicitors today.
What bail conditions are applied?
Before an accused is released, the individual must agree to specific bail terms. The accused must demonstrate their agreement by signing a bail order with the conditions of bail. A basic bail order will include the following conditions:
- Accused individuals must attend court on scheduled dates and times;
- They should refrain from interfering with witnesses or disrupting proceedings;
- The accused shall not behave in such a way as to cause distress or alarm to any witnesses;
- The accused must cooperate with court investigations;
- The accused will refrain from committing any offences while on bail;
- The accused should not attempt to get a statement or precognition from the complainer.
These conditions will bind the accused until the case is concluded unless altered by special conditions.
In addition to the common conditions listed above, the accused may additionally face ‘special’ conditions. These can vary, but commonly conditions include prohibiting an accused from attending a specified address, approaching a specific person, and, in some situations, imposing a curfew, such as requiring the individual to be indoors between 7 p.m. and 7 a.m. If any bail restrictions are violated without justifiable justification, prosecution is very probable, and the accused may face up to twelve months in jail. It is possible to request a review of a bail order or its special conditions at a later time. However, the accused must establish the change in circumstance that led to the request.
What happens if bail conditions are breached?
Any breaching of the terms of bail without a reasonable excuse will very probably result in prosecution. The accused might face up to twelve months in jail. If you fail to appear in court, a warrant will often be issued for your arrest. The accused might be imprisoned for up to 60 days in a Justice of the Peace Court or up to a year in a Sheriff Court. They might also incur a £1,000 fine.
Contact our Criminal Defence Lawyers at Glasgow Law Practice
If you or a friend or family member have been charged with an offence and released subject to bail conditions, please contact us as soon as possible. We will assist you in understanding the breadth of the conditions and advise you on whether they can be changed, particularly if they include special conditions.
You can trust our lawyers to provide you with expert advice, unwavering support, and a formidable defence strategy that will give you the best chance at a favourable resolution, particularly if you have been remanded. Contact us today to discuss your case and take the first step towards securing skilled representation.
