Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

After section 23A of the 1995 Act there is inserted— (1) Bail is to be granted to an accused person— (a) except where— (i) by reference to section 23C of this Act; and (ii) having regard to the public interest, there is good reason for refusing bail; (b) subject to section 23D of this Act. (2) In determining a question of bail in accordance with subsection (1) above, the court is to consider the extent to which the public interest could, if bail were granted, be safeguarded by the imposition of bail conditions. (3) Reference in subsections (1)(a)(ii) and (2) above to the public interest includes (without prejudice to the generality of the public interest) reference to the interests of public safety. (4) The court must (without prejudice to any other right of the parties to be heard) give the prosecutor and the accused person an opportunity to make submissions in relation to a question of bail. (5) The attitude of the prosecutor towards a question of bail (including as to bail conditions) does not restrict the court's exercise of its discretion in determining the question in accordance with subsection (1) above. (6) For the purpose of so determining a question of bail (including as to bail conditions), the court may request the prosecutor or the accused person's solicitor or counsel to provide it with information relevant to the question. (7) However, whether that party gives the court opinion as to any risk of something occurring (or any likelihood of something not occurring) is a matter for that party to decide.

(1) In section 24 (bail and bail conditions) of the 1995 Act— (a) after subsection (2) there is inserted— “ (2A) Whenever the court grants or refuses bail, it shall state its reasons. (2B) Where the court— (a) grants bail to a person accused of a sexual offence (having the meaning given by section 210A(10) and (11) of this Act); and (b) does so without imposing on the accused further conditions under subsection (4)(b)(i) below, the court shall also state why it considers in the circumstances of the case that such conditions are unnecessary. ” , (b) in subsection (4), in paragraph (b)(ii), after the word “parade” there is inserted “ or other identification procedure ” , (c) in subsection (5), after paragraph (c) there is inserted— “ (ca) does not behave in a manner which causes, or is likely to cause, alarm or distress to witnesses; ” . (2) In section 25 (bail conditions: supplementary) of that Act— (a) before subsection (1) there is inserted— “ (A1) When granting bail, the court shall (if the accused is present) explain to the accused in ordinary language— (a) the effect of the conditions imposed; (b) the effect of the requirement under subsection (2B) below; and (c) the consequences which may follow a breach of any of those conditions or that requirement. (B1) The accused shall (whether or not the accused is present when bail is granted) be given a written explanation in ordinary language of the matters mentioned in paragraphs (a) to (c) of subsection (A1) above. (C1) Such a written explanation may be contained in the copy of the bail order given to the accused or in another document. ” , (b) in subsection (1), after paragraph (a) there is inserted— “ (aa) that breach of a condition imposed is an offence and renders the accused liable to arrest, prosecution and punishment under this Act; ” , (c) after subsection (2A) there is inserted— “ (2B) Where the domicile of citation specified in an order granting bail ceases to be the accused's normal place of residence, the accused must make an application under subsection (2) above within 7 days of that happening. (2C) A person who without reasonable excuse contravenes subsection (2B) above is guilty of an offence and is liable— (a) on conviction in the JP court, to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 60 days or to both; (b) in any other case, to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 12 months or to both. ” . Commencement Information I1 S. 2 wholly in force at 10.12.2007, see s. 84 and S.S.I. 2007/479 . {art. 3}, Sch. (subject to transitional provisions in art. 4)