Bail, Judicial Appointments etc. (Scotland) Act 2000

Criminal Procedure (Scotland) Act 1995 (c.46) S

7 (1) In section 23 (bail applications) of the Criminal Procedure (Scotland) Act 1995—

(a) in subsection (1)—

(i) the words “which is by law bailable” are repealed; and

(ii) after “any” where it second occurs there is inserted “ (other than the first) ”;

(b) in subsection (5) the words “except murder or treason” are repealed; and

(c) for subsection (6) there is substituted—

“(6) Any person charged on complaint with an offence shall, on any (other than the first) occasion on which he is brought before a judge having jurisdiction to try the offence, be entitled to apply to the judge for bail and the prosecutor shall be entitled to be heard against any such application.”.

(2) In section 32 (bail appeal) of that Act—

(a) in subsections (1), (2), (5), (7) and (10), for the words “applicant” and “applicant’s”, wherever they occur, there are substituted respectively “ accused ” and “ accused’s ”;

(b) in subsection (2), the words “an application for” are repealed; and

(c) in subsection (7), for the words “the application” there is substituted “ bail ”.

(3) In section 33 (bail: no fees exigible) of that Act—

(a) for “his” there is substituted “ a decision on bail under section 22A above, an ”; and

(b) after “such” there is inserted “ a decision or ”.

(4) In section 186 (appeals against sentence only) of that Act, in subsection (5)(b), for “temporary” there is substituted “ part-time ”.

(5) In section 194 (appeals against sentence only) of that Act, in subsection (2)(b), for “temporary” there is substituted “ part-time ”.