Explanatory Notes

Criminal Justice (Scotland) Act 2016

2016 asp 1

13 January 2016

Overview of the Act

Part 1 – Arrest and Custody

Chapter 3 – Custody: person officially accused
Police liberation
Section 30 – Review of undertaking

83.Section 30(1) enables a person subject to an undertaking to apply to the sheriff for review.

84.Section 30(2) provides that the sheriff must provide the procurator fiscal with an opportunity to make representations with regard to the review. Section 30(3) provides that the sheriff may either remove a condition or impose any alternative condition that the sheriff considers to be necessary and proportionate.