Search Legislation

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, Section 7. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

7Liberation on undertakingS

This section has no associated Explanatory Notes

(1)In section 21 (Schedule 1 offences: power of constable to take offender into custody) of the 1995 Act, subsections (2) to (5) are repealed.

(2)In section 22 (liberation by police) of that Act—

(a)in subsection (1)—

(i)the words “arrested and” are repealed,

(ii)after the word “summarily,” there is inserted “ the officer who charged the person or (if different) ”,

(iii)for the words “terms of which the person undertakes to appear at a specified court at a specified time” there is substituted “ the terms mentioned in subsection (1C) below ”,

(b)after subsection (1) there is inserted—

(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 [F1(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.,

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in subsection (3)—

(i)for the words “the officer in charge” there is substituted “ an officer ”,

(ii)for the words “subsection (1)(c) above” there is substituted “ this section ”,

(iii)for the word “tried” there is substituted “ heard ”,

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 135 (warrants of apprehension and search) of that Act, in subsection (3), after the word “practicable” there is inserted “ (if not liberated under section 22(1B)(a) of this Act) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 7 partly in force; s. 7 not in force at Royal Assent, see s. 84; s. 7(2)(c) in force at 10.12.2007 by S.S.I. 2007/479, art. 3, Sch. (with art. 5); s. 7(1)(2)(a)(b)(d)-(f)(3) in force at 10.3.2008 by S.S.I. 2008/42, art. 3, Sch. (subject to savings in art. 4)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources