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The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007

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Transitional provisions relating to bail

4.  (1)  The provisions of sections 2, 3(1)(a) and (d) to (f) of the 2007 Act shall apply only in proceedings relating to a person where a decision on whether or not to grant that person bail is taken on or after 10th December 2007.

(2) The provisions of section 3(1)(b) of the 2007 Act and paragraph 14 of the schedule to the 2007 Act shall only apply in proceedings relating to an offence under section 27(1) of the 1995 Act where, at 10th December 2007–

(a)in the case of proceedings on indictment, the period of notice for the accused to raise a preliminary objection in terms of section 71(2) or 72(6)(b)(i) of the 1995 Act has not expired;

(b)in summary proceedings, the accused has not had a plea recorded.

(3) The provisions of section 4(2) of the 2007 Act shall only apply in an appeal under section 32 of the 1995 Act where the decision which is the subject of the appeal was taken on or after 10th December 2007.

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