Bail etc. (Scotland) Act 1980

4 Provisions relating to monetary conditions

(1) Without prejudice to section 3 of this Act, where the accused or a cautioner on his behalf has deposited a sum of money in court under section 1(3) of this Act, then—

(a) if the accused fails to appear at the time and place appointed for any diet of which he has been given due notice, the court may, on the motion of the prosecutor, immediately order forfeiture of the sum deposited:

Provided that the court, if it is satisfied that it is reasonable in all the circumstances to do so, may recall the order and direct that the money forfeited shall be refunded, and any decision of the court under this proviso shall be final and not subject to review;

(b) if the accused fails to comply with any other condition imposed on bail, the court may, on conviction of an offence under section 3(1)(b) of this Act and on the motion of the prosecutor, order forfeiture of the sum deposited.

(2) A cautioner, who has deposited a sum of money in court under section 1(3) of this Act, shall be entitled to recover the sum deposited at any diet of the court at which the accused appears personally :

Provided that, where the accused has been charged with an offence under section 3(1)(b) of this Act, nothing in this subsection shall entitle a cautioner to recover the sum deposited unless and until—

(a) the charge is not proceeded with ; or

(b) the accused is acquitted of the charge; or

(c) on the accused's conviction of the offence, the court has determined not to order forfeiture of the sum deposited.

(3) The references in subsection (1)(b) above and in paragraph (c) of the proviso to subsection (2) above to conviction of an offence shall include references to the making of an order in respect of the offence under section 383 (absolute discharge) or 384 (probation) of the 1975 Act.