Domestic Abuse (Scotland) Act 2018 (asp 5)

SCHEDULE S MODIFICATION OF ENACTMENTS

PART 1 S RULES OF CRIMINAL PROCEDURE

CHAPTER 1 S RESTRICTION ON BAIL IN SOLEMN CASES

1 (1) The 1995 Act is amended as follows. S

(2) In section 23D—

(a) in subsection (2)—

(i) in paragraph (a), for the words “a violent or sexual offence” there is substituted “ an offence falling within subsection (3A) ”,

(ii) in paragraph (b), for the words “a violent or sexual offence” there is substituted “ an offence falling within subsection (3A) ”,

(b) after subsection (3) there is inserted—

“(3A) An offence falls within this subsection if it is—

(a) a violent offence,

(b) a sexual offence, or

(c) a domestic abuse offence.”'

(c) in subsection (4), after the first definition there is inserted—

““domestic abuse offence” means—

(a) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, or

(b) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;”'

(d) in subsection (5), for the words “a violent or sexual offence or a drug trafficking offence” there is substituted “ a type of offence ”.

Commencement Information

I1 Sch. para. 1 in force at 1.4.2019 by S.S.I. 2018/387, reg. 2 (with reg. 6)