Section 7—Recording of reasons for granting bail in certain solemn cases
34.Section 7 makes temporary provision in connection with the Scottish Ministers’ power under section 6(3)(a) to report on the effect of repealing the restriction on bail in section 23D of the 1995 Act. It applies only in relation to those individuals who would otherwise have been subject to that restriction (as described in paragraph 20 above). So, where the court grants bail to such an individual, section 7 requires the court to state its reasons and have them recorded in the court minutes. This is a time-limited duty, which applies only during the 3-year reporting period (as defined in section 6(5)). The recorded reasons will allow for the report on bail and remand to include information on how the new bail test has operated, during that period, in relation to those cases that previously would have been decided in accordance with section 23D.
