COMMONS AMENDMENT (Hansard, 22 July 1986)

§ Lord Cameron of Lochbroom
My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 8. This amendment results from our discussion of this point in Committee, when I promised to look further at it. One of the reforms introduced by the Bail (Scotland) Act 1980 was to enable the officer in charge of a police station to release a person who has been arrested and charged with an offence which may be tried summarily, but to require that he give a written undertaking to appear in court on a specified day. In practice, as pointed out in discussion, such undertakings usually require appearance within a very short time—a day or two—of the release, and this may make it difficult for the accused to consult a solicitor in the normal way. We therefore propose that in such circumstances he should be eligible for automatic legal aid in the same way as are persons in custody. I beg to move.

The Earl of Selkirk
My Lords, this sounds to me a sensible arrangement. I am unfamiliar with the procedure of "liberation by police on undertaking to appear". I thought that this would have been called bail. I dare say there are better words that can be used. But the amendment seems to me sensible.

§ Lord Morton of Shuna
My Lords, mechanical difficulties having prevented me arriving in time, I might as well say something. This amendment helps the situation mentioned at earlier stages. It is to be welcomed.

§ Lord Elwyn-Jones
My Lords, if I may echo the words of the noble Earl, Lord Selkirk, why do we have this charming phrase, "liberation by police on undertaking to appear"? Is that really a long way of saying bail?

§ Lord Cameron of Lochbroom
My Lords, with the leave of the House, it describes exactly what is done. It is a procedure in place of bail which is granted either by the court or in very exceptional circumstances, I think I am right in saying, by the Lord Advocate.