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1(1)A person commits an offence if, without reasonable excuse, the person breaches a liberation condition by reason of—
(a)failing to comply with an investigative liberation condition,
(b)failing to appear at court as required by the terms of an undertaking, or
(c)failing to comply with the terms of an undertaking, other than the requirement to appear at court.
(2)Sub-paragraph (1) does not apply where (and to the extent that) a person breaches a liberation condition by reason of committing an offence (in which case see paragraph 3).
(3)It is competent to amend a complaint to include an additional charge of an offence under sub-paragraph (1) at any time before the trial of a person in summary proceedings for—
(a)the original offence, or
(b)an offence arising from the same circumstances as the original offence.
(4)In sub-paragraph (3), “the original offence” is the offence in connection with which—
(a)an investigative liberation condition was imposed, or
(b)an undertaking was given.
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Text created by the Scottish Government 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.
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