Bail etc. (Scotland) Act 1980

9 Police liberation or detention of children arrested

In section 296 of the 1975 Act (police liberation or detention of children arrested)—

(a) in subsection (1), for the word " obligation " there shall be substituted the word " undertaking " and for the words from " or on bail " to " unless " there shall be substituted " ; and such undertaking shall be in writing, signed by the child or the parent or guardian as the case may be, and certified by the said officer; and the said officer shall so liberate the child unless— ";

(b) at the end there shall be added the following subsections—

“(5) Any person, who without reasonable excuse is in breach of an undertaking entered into by him under subsection (1) above after having been given due notice of the time and place of the diet (including any continuation of the diet), shall be guilty of an offence, and liable on summary conviction in addition to any other penalty which it is competent for the court to impose on him, to a fine not exceeding £200.

(6) In any proceedings relating to an offence under this section, a writing, purporting to be such an undertaking as is mentioned in subsection (1) above and bearing to be signed and certified, shall be sufficient evidence of the undertaking given by the accused.”.