When the police have arrested a suspect and proceeded to charge them with an offence, the custody sergeant at the police station requires to decide whether to keep that person in custody until they are transported to court, or release them from the police station on a bail undertaking to appear at court at a later date. The custody sergeant will require to follow certain guidelines from the Lord Advocate.
Many cases, however, start off as a 'bail undertaking' from a police station.
A bail undertaking is a form that a person signs, when in police custody, undertaking, i.e. agreeing to attend court on a given date and time. It is called a bail undertaking because the accused also agrees to abide by certain bail conditions, such as agreeing to reside at a certain address, not to reoffend, and not to interfere with witnesses.
These conditions are imposed in order that an accused person can be released from the police station, as an alternative to being kept in custody to appear at court the next day.
Additional bail conditions can be imposed at the discretion of the police, such as a requirement to stay away from certain witnesses, not to communicate with them in any way, and not to enter a designated street or place.
A failure to comply with any of these conditions is an offence, and the accused can be rearrested and kept in a police cell to appear at court on the next practicable court date.
If an accused person fails, without reasonable excuse, to attend court on the date specified in the bail undertaking form, that is also an offence. When the case calls in court on the date provided, and the accused is absent, the Fiscal can ask the court to grant an arrest warrant, which is usually granted.
Otherwise the procedure is that the accused will be served the copy complaint or petition containing the charges.
The charges at court can be different from the charges raised by the police, as the ultimate decision to prosecute is that of the Crown Office and Procurator Fiscal Service. When the accused's case is called in court, he or she is called upon to plead guilty or not guilty. If the accused pleads not guilty, new dates are fixed for a trial usually some months away and the question of bail conditions will also require to be addressed. If a person pleads guilty he or she may be sentenced there and then, or the court may defer the sentence for a few weeks to obtain background reports from the social work department.
It is imperative for any client to contact us immediately they have been released from the police station on a bail undertaking. We often require to take immediate steps to obtain and preserve vital evidence that may otherwise be lost.
Richard Freeman (AKA Mr. Technicality) is one of Scotland's most prominent Solicitor Advocates with the skills, decades of experience and technical expertise to vigorously defend your position.
Do not delay, time is vital in order for us to properly examine the evidence against you, contact potential witnesses, ensure timelines are consistent with the evidence and investigate many other aspects in order to create your strongest legal defence.
Call our national helpline 0800 567 7810 now or our local numbers. Alternatively, complete a contact form or request a call back.
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