Being arrested and held in custody can be an incredibly stressful experience. Understanding the legal process and having the proper support can make all the difference. At The Glasgow Law Practice, we are here to guide clients through each step, ensuring their rights are protected and the process is as smooth and transparent as possible.
The Arrest Process and Your First Court Appearance
When someone is arrested, the legal process often begins the night before. Once arrested and taken to a police station, we are typically notified by the police that the individual is in custody and will be appearing in court the following day – usually Glasgow Sheriff Court or the appropriate local court.
The First Steps – Preparing for the First Court Appearance
On the morning of a client’s first appearance:
- Checking in with the client:
- We attend the cell area to meet with the individual, who is usually transported from the police station to the court that morning.
- During this meeting, we go over the legal procedure for the day and explain what to expect.
- Receiving updates:
- As the morning progresses, we’ll receive critical information about the case. This could include whether the bail is opposed, whether bail will be granted, or any other relevant updates regarding the case’s status.
The Afternoon Court Appearance
The client’s initial court appearance typically takes place in the afternoon, between 2 pm and 4 pm, and involves the following:
- Meeting with the client in the cell area
- Reviewing the charges with them
- Explaining their legal rights and options
- Discussing whether they intend to plead guilty or not guilty
- Assessing whether bail will be granted and outlining any conditions that come with it
The outcome of this court session can go one of two ways:
- The client is remanded in custody
- The client is released on bail (with either standard or special conditions)
Once the hearing concludes, we ensure that the client has all relevant documentation regarding the case and their bail conditions. We also follow up with a letter (via post or email) summarizing their legal position, the outcome of the court appearance, and any next steps.
Bail Conditions Explained
One of the most common questions we get at The Glasgow Law Practice relates to bail conditions:
- What are bail conditions?
- Do they last for the entire duration of the case?
Standard vs. Special Bail Conditions
- Standard conditions are straightforward and typically include:
- Attending court on time
- Informing the court of a change of address
- Special conditions, on the other hand, are much more specific. They can include:
- Not approaching or contacting specific witnesses
- Not attending particular addresses related to the case
Bail conditions are put in place to protect complainers and Crown witnesses involved in the case. However, situations can change, and clients may find these conditions overly restrictive or problematic.
Bail Reviews – When and How They Work
If a client or witness has valid reasons for a bail condition to be changed or removed, we can apply for a bail review. This is a court hearing to revisit or vary the conditions, but it can only proceed if new material information has come to light or if a witness does not support the original conditions.
Here’s how we handle a bail review:
- Obtain additional evidence or information supporting the request
- Apply to the court with this evidence to vary or remove conditions
- Attend the bail review hearing alongside the client to ensure the application is properly presented
The court will then hear both the Defence and Crown’s positions and decide whether the conditions will remain in place or be adjusted. We’re with our clients every step of the way, ensuring they have the support they need.
Why Legal Guidance is Crucial at Every Stage
Being arrested, held in custody, and navigating bail conditions can be an overwhelming and uncertain experience. Having a dedicated solicitor by your side can make all the difference in ensuring that your rights are protected, and you’re supported throughout the legal process.
At The Glasgow Law Practice, we take pride in offering clear, compassionate, and accessible legal advice. If you or someone you know is going through this process, it’s essential to act quickly and seek professional guidance.
Call us directly on 0141 248 2999 to schedule an appointment. We’re here to help.
