Bail and Release from Custody (Scotland) Act 2023

Change in how section 23C(1)(a) of the 1995 Act applies in summary cases

17. Section 2(3) limits the extent to which the court may refuse bail, in summary proceedings, on the ground specified in section 23C(1)(a) of the 1995 Act. The section 23C(1)(a) ground is based on a substantial risk that the accused, if granted bail, might abscond or fail to appear at court diets as required.

18. Section 2(3)(b) adds a new subsection (1A) to section 23C of the 1995 Act. This provides that, when deciding on bail in summary cases, the court may only consider the section 23C(1)(a) ground of refusal in two sets of circumstances. The first is where the accused has failed to appear at a previous hearing of the case, having been granted bail or been ordained to appear (such a hearing is referred to as a “relevant diet”). The second is where the accused is appearing before the court on a complaint charging an offence under section 27(1)(a) or 150(8) of the 1995 Act. Section 27(1)(a) makes it an offence for an accused who has been granted bail to fail, without reasonable excuse, to appear at a court diet as required. Section 150(8) makes it an offence for an accused to fail, without reasonable excuse, to appear at a court diet of which the accused has been given due notice.

19. Section 2(3)(c) adds a new subsection (3) to section 23C of the 1995 Act. This defines “relevant diet” for the purposes of new section 23C(1A).