Criminal Justice (Scotland) Act 2016

26 Release on undertaking

(1) A person may be released from police custody on an undertaking given under section 25(2)(a) only if the person signs the undertaking.

(2) The terms of an undertaking are that the person undertakes to—

(a) appear at a specified court at a specified time, and

(b) comply with any conditions imposed under subsection (3) while subject to the undertaking.

(3) The conditions which may be imposed under this subsection are—

(a) that the person does not—

(i) commit an offence,

(ii) interfere with witnesses or evidence, or otherwise obstruct the course of justice,

(iii) behave in a manner which causes, or is likely to cause, alarm or distress to witnesses,

(b) any further condition that a constable considers necessary and proportionate for the purpose of ensuring that any conditions imposed under paragraph (a) are observed.

(4) Conditions which may be imposed under subsection (3)(b) include—

(a) a condition requiring the person—

(i) to be in a specified place at a specified time, and

(ii) to remain there for a specified period,

(b) a condition requiring the person—

(i) not to be in a specified place, or category of place, at a specified time, and

(ii) to remain outwith that place, or any place falling within the specified category (if any), for a specified period.

(5) For the imposition of a condition under subsection (3)(b)—

(a) if it is of the kind described in subsection (4)(a), the authority of a constable of the rank of inspector or above is required,

(b) if it is of any other kind, the authority of a constable of the rank of sergeant or above is required.

(6) The requirements imposed by an undertaking to attend at a court and comply with conditions are liberation conditions for the purposes of schedule 1.