Criminal Procedure (Scotland) Act 1995 (c. 46)

PART III S Bail

[F1 23D Restriction on bail in certain solemn cases S

(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 [F2 an offence falling within subsection (3A)]; and

(b) has a previous conviction on indictment for [F3 an 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);

• [F5 “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;]

• “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 [F6 a type of offence] includes—

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

(b) [F7 if the court considers appropriate] a conviction in a member State of the European Union (F8 ...) 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.]

Textual Amendments

F1 Ss. 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)

F2 Words in s. 23D(2)(a) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 1(2)(a)(i); S.S.I. 2018/387, reg. 2 (with reg. 6)

F3 Words in s. 23D(2)(b) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 1(2)(a)(ii); S.S.I. 2018/387, reg. 2 (with reg. 6)

F4 S. 23D(3A) inserted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 1(2)(b); S.S.I. 2018/387, reg. 2 (with reg. 6)

F5 Words in s. 23D(4) inserted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 1(2)(c); S.S.I. 2018/387, reg. 2 (with reg. 6)

F6 Words in s. 23D(5) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 1(2)(d); S.S.I. 2018/387, reg. 2 (with reg. 6)

F7 Words in s. 23D(5)(b) inserted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(3)(a) (with reg. 16)

F8 Words in s. 23D(5)(b) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(3)(b) (with reg. 16)