Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

PART 3 SCRIMINAL PROCEDURE

(1)The 1995 Act is amended as follows.

(2)In section 30 (bail review)—

(a)for subsection (2A) substitute—

“(2A)On receipt of an application under subsection (2), the court must—

(a)intimate the application to the prosecutor, and

(b)before determining the application, give the prosecutor an opportunity to be heard.

(2AA)Despite subsection (2A)(b), the court may grant the application without having heard the prosecutor if the prosecutor consents.”, and

(b)in subsection (2C), in paragraph (b), for “heard” substitute “ determined ”.

(3)In section 31 (bail review on prosecutor's application)—

(a)after subsection (2), insert—

“(2ZA)Despite subsection (2)(b), the court may grant the application without fixing a hearing if the person granted bail consents.”, and

(b)in subsection (3), the word “hearing” is repealed.

Commencement Information

I1S. 57 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch. (with Sch.)

In section 24 of the 1995 Act (bail and bail conditions)—

(a)in paragraph (b) of subsection (4), sub-paragraph (ii) and the word “and” immediately preceding it are repealed, and

(b)in subsection (5), after paragraph (ca) insert—

“(cb)whenever reasonably instructed by a constable to do so—

(i)participates in an identification parade or other identification procedure; and

(ii)allows any print, impression or sample to be taken from the accused;”.

Commencement Information

I2S. 58 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch. (with Sch.)

Sections 24A to 24E of the 1995 Act (bail conditions: remote monitoring) are repealed.

Commencement Information