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.

F5 ( 1H ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The refusal of [F7 an officer] to liberate a person under [F8 this section] and the detention of that person until his case is [F9 heard] in the usual form shall not subject the officer to any claim whatsoever.

F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 [F12 ( 4A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 S. 22(1H) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 34; S.S.I. 2011/178, art. 2, sch.

F6 S. 22(2) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 34; S.S.I. 2011/178, art. 2, sch.

F7 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)

F8 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)

F9 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)

F10 S. 22(4) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 34; S.S.I. 2011/178, art. 2, sch.

F11 S. 22(4A) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 34; S.S.I. 2011/178, art. 2, sch.

F12 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)

F13 S. 22(5) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 34; S.S.I. 2011/178, art. 2, sch.

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