Criminal Procedure (Scotland) Act 1995

22 Liberation by police. S

(1) Where a person has been F1 . . . charged with an offence which may be tried summarily, [F2 the officer who charged the person or (if different)] the officer in charge of a police station may—

(a) liberate him upon a written undertaking, signed by him and certified by the officer, in [F3 the terms mentioned in subsection (1C) below] ; or

(b) liberate him without any such undertaking; or

(c) refuse to liberate him.

[F4 (1A) Where a person has been arrested under section 21 of this Act, the arresting officer or (if different) the officer in charge of a police station may—

(a) liberate the person upon a written undertaking, signed by him and certified by the officer, in the terms mentioned in subsection (1C) below;

(b) liberate him without any such undertaking; or

(c) refuse to liberate him.

(1B) Where a person has been apprehended under a summary warrant as mentioned in section 135(3) of this Act, the apprehending officer or (if different) the officer in charge of a police station may—

(a) liberate the person upon a written undertaking, signed by him and certified by the officer, in the terms mentioned in subsection (1C) below; or

(b) refuse to liberate him.

(1C) For the purposes of subsections (1) to (1B) above, the terms are that the person undertakes (subject to any modification made to those terms under subsection (1F)(b) below)—

(a) to appear at a specified court on a specified day at a specified time; and

(b) in addition, to comply with any conditions imposed under subsection (1D) below.

(1D) The conditions which may be imposed under this subsection are—

(a) conditions in the same terms as the standard conditions mentioned in section 24(5)(b), (c) and (ca) of this Act (but as if any reference there to bail were reference to the undertaking);

(b) such further conditions as the officer who is certifying the undertaking considers are necessary to secure that the conditions referred to in paragraph (a) above are observed.

(1E) For the imposition of conditions under subsection (1D)(b) above, the authority of an officer of a rank no lower than inspector is required.

(1F) The procurator fiscal may by notice effected in the same manner as citation under section 141 of this Act—

(a) rescind an undertaking given under subsection (1) or (1A) above (whether or not the person is to be prosecuted in connection with the matters to which the undertaking relates);

(b) in relation to an undertaking given under this section—

(i) revise the court, day or time specified under subsection (1C)(a) above;

(ii) revoke or relax any conditions imposed under subsection (1D) above.

(1G) An undertaking given under this section—

(a) if rescinded under subsection (1F)(a) above, expires at the end of the day on which the notice is sent;

(b) otherwise—

(i) subject to sub-paragraph (ii) below, expires at the end of the day on which the person who gave the undertaking is required to appear at court in accordance with the undertaking;

(ii) if that person breaches the undertaking by reason of failing to appear at court, and a warrant is granted in relation to the breach, expires, so far as relating to conditions, at the end of the day on which the person is brought before the court in pursuance of the warrant.

(1H) For the purpose of any proceedings in relation to an offence under this section, an undertaking whose terms are modified under subsection (1F)(b) above shall be regarded as if given in the terms as so modified.]

(2) A person in breach of an undertaking given by him under [F5 this section] without reasonable excuse shall be guilty of an offence and liable on summary conviction to the following penalties—

(a) a fine not exceeding level 3 on the standard scale; and

(b) imprisonment for a period—

(i) where conviction is in the [F6 JP court] , not exceeding 60 days; or

(ii) where conviction is in the sheriff court, not exceeding [F7 12] months.

(3) The refusal of [F8 an officer] to liberate a person under [F9 this section] and the detention of that person until his case is [F10 heard] in the usual form shall not subject the officer to any claim whatsoever.

(4) The penalties provided for in subsection (2) above may be imposed in addition to any other penalty which it is competent for the court to impose, notwithstanding that the total of penalties imposed may exceed the maximum penalty which it is competent to impose in respect of the original offence.

[F11 (4A) In any proceedings relating to an offence under this section, the fact that (as the case may be) a person—

(a) breached an undertaking given by him under this section by reason of failing to appear at court in accordance with the undertaking; or

(b) was subject to a particular condition imposed under subsection (1D) above,

shall, unless challenged by preliminary objection before the person's plea is recorded, be held as admitted.]

(5) In any proceedings relating to an offence under this [F12 section—

(a) a document purporting to be a notice or copy of a notice effected under subsection (1F) above shall be sufficient evidence of the terms of the notice;

(b)] a writing, purporting to be such an undertaking as is mentioned in [F13 this section] above and bearing to be signed and certified, shall be sufficient evidence of the terms of the undertaking given F14 . . . .

Textual Amendments

F1 Words in s. 22(1) repealed (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(a)(i), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F2 Words in s. 22(1) inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(a)(ii), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F3 Words in s. 22(1) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(a)(iii), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F4 S. 22(1A)-(1H) inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(b), 84 (as amended by The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Supplemental Provisions) Order (S.S.I 2008/109, {art. 3}); S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F5 Words in s. 22(2) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(c)(i), 84; S.S.I. 2007/479, art. 3(1), Sch. (subject to art. 5) (as amended by S.S.I. 2007/527)

F6 Words in s. 22(2)(b)(i) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 26(a); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

F7 Word in s. 22(2)(b)(ii) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(c)(ii), 84; S.S.I. 2007/479, art. 3(1), Sch. (subject to art. 5) (as amended by S.S.I. 2007/527)

F8 Words in s. 22(3) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(d)(i), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F9 Words in s. 22(3) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(d)(ii), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F10 Word in s. 22(3) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(d)(iii), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F11 S. 22(4A) inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(e), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F12 Words in s. 22(5) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(f)(i), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F13 Words in s. 22(5) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(f)(ii), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

F14 Words in s. 22(5) repealed (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 7(2)(f)(iii), 84; S.S.I. 2008/42, art. 3, Sch. (subject to art. 4)

Modifications etc. (not altering text)

C1 S. 22(1) excluded (19.2.2001) by 2000 c. 11, ss. 41, 53, Sch. 7 para. 6, Sch. 8 para. 27(5); S.I. 2001/421, art. 2