Bail, Judicial Appointments etc. (Scotland) Act 2000 (asp 9)

Part 1 S Bail

2 Bail and liberation where person already in custody S

After section 23 (bail applications) of the 1995 Act there is inserted—

“23A Bail and liberation where person already in custody

(1) A person may be admitted to bail under section 22A or 23 of this Act although in custody—

(a) having been refused bail in respect of another crime or offence; or

(b) serving a sentence of imprisonment.

(2) A decision to admit a person to bail by virtue of subsection (1) above does not liberate the person from the custody mentioned in that subsection.

(3) The liberation under section 22A(3) or 23(7) of this Act of a person who may be admitted to bail by virtue of subsection (1) above does not liberate that person from the custody mentioned in that subsection.

(4) In subsection (1) above, “another crime or offence” means a crime or offence other than that giving rise to the consideration of bail under section 22A or 23 of this Act.”.