Bail is given to avoid having a potentially innocent person held in police custody for what might be a significant length of time. If the accused person breaches the conditions of their bail, they could go to prison. As such it is important you take legal advice if you are unsure of what is required of you.
Bail will be granted in cases where the Sheriff or Judge has been persuaded by the accused person’s lawyer that the accused person can be trusted to adhere to certain conditions.
If released on Bail, the accused person will commit an offence if they fail to appear at court for any diet of which they have been notified, if they commit any other offence or if they fail to comply with any other conditions which the court has imposed. These conditions may include a prohibition on contacting or intimidating witnesses.
Bail will be refused if the court thinks that there are good reasons for it not to be granted – such as a previous criminal record - or if they are already on bail for another offence.
It is also possible to be released on bail with a ‘bail undertaking’. This type of bail involves attendance at court at a particular time. The standard conditions described above apply. Failure to attend the court at the appointed time is an offence. Failure to attend can lead to a prison sentence.
If you are on bail, it is important that you understand what is required of you:
You must not:
• Engage in any other form of criminal behaviour whatsoever
• Interfere with the course of justice – this means you must not approach witnesses or others involved in the case or interfere with evidence
• Comply with any procedure necessary to deal with your case e.g. the preparation of Social Work Reports
• Attend court when your case calls – the dates will be notified to you in advance.
Bail Appeal Lawyers
It is possible to appeal a decision to refuse bail. This must be done immediately.
We offer a free initial consultation to discuss your case. We defend our clients in Alloa, Dunfermline, Edinburgh, Glenrothes, Kirkcaldy, Methil, Perth, Stirling, and throughout Scotland.
Contact our Bail Lawyers Scotland
Our criminal solicitors can assist by discussing your options with you confidentially, and are ready to fight your corner. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.