Explanatory Notes

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

2007 asp 6

22 February 2007


Part 2 - Proceedings

Solemn cases

Section 27: Obstructive witnesses

166.This section amends certain provisions relating to witnesses on bail in solemn proceedings as a result of the changes introduced by this Act (see note on section 16 for similar provisions applying to summary proceedings – the aim is to ensure consistency between summary and solemn proceedings).

167.Subsection (2) inserts a new subsection (2A) into section 90C of the 1995 Act and provides that, in proceedings for breach of bail, the fact that the witness was on bail, or was subject to a particular condition of bail, or that s/he failed to appear at a diet to which s/he had been cited, shall be held to be admitted unless challenged by a preliminary objection.