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Criminal Procedure (Scotland) Act 1995, Section 23C is up to date with all changes known to be in force on or before 19 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In any proceedings in which a person is accused of an offence, the following are grounds on which it may be determined that there is good reason for refusing bail—
(a)any substantial risk that the person might if granted bail—
(i)abscond; or
(ii)fail to appear at a diet of the court as required;
(b)any substantial risk of the person committing further offences if granted bail;
(c)any substantial risk that the person might if granted bail—
(i)interfere with witnesses; or
(ii)otherwise obstruct the course of justice,
in relation to himself or any other person;
(d)any other substantial factor which appears to the court to justify keeping the person in custody.
(2)In assessing the grounds specified in subsection (1) above, the court must have regard to all material considerations including (in so far as relevant in the circumstances of the case) the following examples—
(a)the—
(i)nature (including level of seriousness) of the offences before the court;
(ii)probable disposal of the case if the person were convicted of the offences;
(b)whether the person was subject to a bail order when the offences are alleged to have been committed;
(c)whether the offences before the court are alleged to have been committed—
(i)while the person was subject to another court order;
(ii)while the person was on release on licence or parole;
(iii)during a period for which sentence of the person was deferred;
(d)the character and antecedents of the person, in particular—
(i)the nature of any previous convictions of the person (including convictions [F2by courts outside [F3Scotland]]);
(ii)whether the person has previously contravened a bail order or other court order (by committing an offence or otherwise);
(iii)whether the person has previously breached the terms of any release on licence or parole (by committing an offence or otherwise);
(iv)whether the person is serving or recently has served a sentence of imprisonment in connection with a matter referred to in sub-paragraphs (i) to (iii) above;
(e)the associations and community ties of the person.]
Textual Amendments
F1Ss. 23B-23D inserted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 1, 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
F2Words in s. 23C(2)(d)(i) substituted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 2; S.S.I. 2010/413, art. 2, Sch.
F3Word in s. 23C(2)(d)(i) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(2) (with reg. 16)
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