When the police arrest you and bring you to the police station, they have to make a decision as to whether or not they are going to keep you there for more than 12 hours. Sometimes, they will release you on what is called 'Investigative Liberation'. This is when they release you without charging you whilst they carry out further investigation into the matter. If they do decide to charge you, they can release you on an undertaking, which means that you agree to return to court at a later date and to abide by certain conditions.
The difference between investigative liberation and a bail undertaking is that, although conditions can be placed upon you in the former case, the conditions which can be placed upon you in the case of a bail undertaking are more onerous, such as having a curfew meaning that you cannot be outside of your home during the hours of 7 a.m. and 7 p.m.
The most important aspect of a bail undertaking is however that you must appear at court on a later date. At this date you will be required to either plead guilty or not guilty to the charges libelled against you. If this date is missed, it is highly likely that a warrant will be granted for your arrest.
If you are unsure whether or not you have been given an undertaking, the most important thing to do is to contact a solicitor and find out whether or not this is the case. The consequences of missing a court date are very serious, commonly ending in you having a warrant granted against you. If you are unsure of this, contact our solicitors today and we will examine your paperwork and let you know exactly what you have to do next.
The law as it pertains to bail undertakings is defined in sections 26-30 of the Criminal Justice (Scotland) Act 2016. Here, it outlines a number of useful things to remember.