Bail Conditions Keeping You Out of Your Home? They Are Not Set in Stone

You may be unable to return home, contact your partner, enter a particular street or go somewhere that forms part of your normal working life.

People often assume that once the sheriff has imposed those conditions, they simply have to live with them until the criminal case ends.

Not necessarily.

Bail conditions can be reviewed

Under section 30 of the Criminal Procedure (Scotland) Act 1995, someone already on bail can ask the court to remove or vary a condition where their circumstances have materially changed or there is relevant information that was not available when the original decision was made. (Open Court Data⁠)

The court decides whether a change is justified.

That could become important where a condition has left someone unable to live at home, see their children in the usual way or carry out their job.

Until the court changes it, however, the existing condition must be obeyed.

Failure without reasonable excuse to comply with a bail condition can itself be a criminal offence. (Scottish Government⁠)

Ross Harper can ask the court to change it

If a bail condition is causing a serious practical problem, our criminal defence lawyers can examine why it was imposed, what has changed and whether there is a proper basis to ask the court to vary it.

We can prepare the application and argue the position in court.

There are no guarantees. Some conditions are imposed for very good reasons and the court may decide they should remain.

But “those are your bail conditions, nothing can be done” is not always the end of the conversation.

Ross Harper’s criminal defence team represents accused people in courts across Scotland. (Ross Harper⁠)

If a bail condition is keeping you out of your home, interfering with your work or having another serious effect on your life, speak to Ross Harper about whether it can be challenged.

Call Ross Harper on 0800 11 12 13.