Undertaking

An undertaking is a signed promise to the police to appear at a named court on a set date and to keep to any conditions attached.

An undertaking is used when police charge you but release you rather than keeping you in custody for court. Under section 26 of the Criminal Justice (Scotland) Act 2016, you sign a document agreeing to appear at a specified court on a specified date. Standard conditions are that you must not commit an offence, interfere with witnesses or evidence, or behave in a way that causes alarm or distress to witnesses. Police can add further conditions, such as staying away from a person or place, and a curfew needs an inspector's authority. The Procurator Fiscal can change or cancel an undertaking. Failing to attend court, or breaking a condition, without a reasonable excuse is a separate criminal offence. An undertaking is different from bail, which is granted by a court.

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