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Criminal Procedure (Scotland) Act 1995

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Criminal Procedure (Scotland) Act 1995, Section 23D is up to date with all changes known to be in force on or before 18 October 2019. 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. Help about Changes to Legislation

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[F123DRestriction on bail in certain solemn casesS

(1)Where subsection (2) or (3) below applies, a person is to be granted bail in solemn proceedings only if there are exceptional circumstances justifying bail.

(2)This subsection applies where the person—

(a)is accused in the proceedings of [F2an offence falling within subsection (3A)]; and

(b)has a previous conviction on indictment for [F3an offence falling within subsection (3A)].

(3)This subsection applies where the person—

(a)is accused in the proceedings of a drug trafficking offence; and

(b)has a previous conviction on indictment for a drug trafficking offence.

[F4(3A)An offence falls within this subsection if it is—

(a)a violent offence,

(b)a sexual offence, or

(c)a domestic abuse offence.]

(4)For the purposes of this section—

  • drug trafficking offence” has the meaning given by section 49(5) of the Proceeds of Crime (Scotland) Act 1995 (c. 43);

  • [F5domestic 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;]

  • sexual offence” has the meaning given by section 210A(10) and (11) of this Act;

  • violent offence” means any offence (other than a sexual offence) inferring personal violence.

(5)Any reference in this section to a conviction on indictment for [F6a type of offence] includes—

(a)a conviction on indictment in England and Wales or Northern Ireland for an equivalent offence;

(b)a conviction in a member State of the European Union (other than the United Kingdom) which is equivalent to conviction on indictment for an equivalent offence.

(6)Any issue of equivalence arising in pursuance of subsection (5) above is for the court to determine.

(7)This section is without prejudice to section 23C of this Act.]

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