Bail

Bail is release by a court while a criminal case continues, on conditions such as attending every hearing and not committing offences.

Bail is granted by a court, usually at the first appearance, and lasts while the case continues. Since 14 May 2025, section 23B of the Criminal Procedure (Scotland) Act 1995 says bail should be granted unless a recognised ground applies and refusing it is necessary for public safety, including the safety of the complainer, or to prevent a significant risk of prejudice to justice. Every bail order has standard conditions, including attending court, not committing offences and not interfering with witnesses, and the court can add others such as a curfew or electronic tag. If bail is refused, the person is remanded in custody. Breaking bail conditions without a reasonable excuse is a separate offence, and an offence committed while on bail can attract a heavier sentence.

Checked as at 25 September 2026. General information only, not legal advice.