Bail undertaking in Scotland / “liberation from custody” FAQ

Since lockdown #1 in March 2020 there has been a massive increase in persons being released from custody on undertakings. See COVID-19 HUB.

Before COVID, persons may have been held in custody in the Police station and appeared before the court the next working day. Post-COVID release on undertaking (also known as “Liberation from custody”) sky-rocketed.

Bail is where an accused is released from custody by the court or police station. All crimes and offences are bailable in Scotland.

If you have been released by the police on the undertaking, it is vital you attend court on the due date. Your bail undertaking indicates the date of your court appearance and it’s imperative you seek legal advice at the earliest opportunity.

You will need to decide whether you will plead guilty or not guilty at your Bail Undertaking Hearing and your solicitor will be able to offer the best guidance.

Matthew Berlow at Graham Walker Solicitors provide a 24-hour advice line and you can speak directly with a member of our legal team to discuss your bail undertaking and ask for a solicitor to represent you at your hearing.

Legal Aid is often available for clients attending Bail Undertaking Hearings.

Police interviews are free and covered by Legal Aid.