Criminal Procedure (Scotland) Act 1995

26 Bail: circumstances where not available.S

(1)Notwithstanding sections 23, 24 (except subsection (2)), 30, 32, 33 and 112 of this Act, a person who in any proceedings has been charged with or convicted of—

(a)attempted murder;

(b)culpable homicide;

(c)rape; or

(d)attempted rape,

in circumstances where this section applies shall not be granted bail in those proceedings.

(2)This section applies where—

(a)the person has previously been convicted by or before a court in any part of the United Kingdom of any offence specified in subsection (1) above or of murder or manslaughter; and

(b)in the case of a previous conviction of culpable homicide or of manslaughter—

(i)he was sentenced to imprisonment or, if he was then a child or young person, to detention under any of the relevant enactments;

(ii)a hospital order was imposed in respect of him;

(iii)an order having the same effect as a hospital order was made in respect of him under section 57(2)(a) of this Act; or

(iv)an order having equivalent effect to an order referred to in sub-paragraph (ii) or (iii) above has been made in respect of him by a court in England and Wales.

(3)This section applies whether or not an appeal is pending against conviction or sentence or both.

(4)In this section—

  • “conviction” includes—

    (a)

    a finding that a person is not guilty by reason of insanity;

    (b)

    a finding under section 55(2) of this Act;

    (c)

    a finding under section 4A(3) of the M1Criminal Procedure (Insanity) Act 1964 (cases of unfitness to plead) that a person did the act or made the omission charged against him; and

    (d)

    a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally;

    and “convicted” shall be construed accordingly; and

  • “the relevant enactments” means—

    (a)

    as respects Scotland, sections 205(1) to (3) and 208 of this Act;

    (b)

    as respects England and Wales, section 53(2) of the M2Children and Young Persons Act 1933; and

    (c)

    as respects Northern Ireland, section 73(2) of the M3Children and Young Persons Act (Northern Ireland) 1968.

Marginal Citations